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Federal Judge in Florida Rules Individual Mandate is Unconstitutional
Fox News Detroit ^ | 1-31-2011 | Fox News

Posted on 01/31/2011 12:06:59 PM PST by Marty62

Edited on 01/31/2011 12:19:03 PM PST by Admin Moderator. [history]

Federal Judge in Florida Rules Individual Mandate is Unconstitutional

Updated: Monday, 31 Jan 2011, 3:07 PM EST
Published : Monday, 31 Jan 2011, 3:07 PM EST

(NewsCore) - A Florida federal judge ruled Monday in a 26-state challenge to the national health care law that the provision requiring individuals to purchase health insurance by 2014 or suffer a penalty is unconstitutional, Fox News Channel reported.

Excerpt, see myfoxdetroit



TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Front Page News; Government
KEYWORDS: 10thamendment; fail; healthcare; healthcarelaw; judgevinson; obama; obamacare; obamacarefail; socializedmedicine; statesrights; teapartyrebellion
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To: Marty62

Off to the SCOTUS we go!!!!!


21 posted on 01/31/2011 12:10:52 PM PST by Erik Latranyi (Too many conservatives urge retreat when the war of politics doesn't go their way.)
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To: Marty62

YABA DABA DO! and Hallelujah!


22 posted on 01/31/2011 12:11:13 PM PST by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
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To: All

Judge Napolitano on Fox News explaining it now.

All 2700 pages found unconstitutional. Woo Hoo!!


23 posted on 01/31/2011 12:11:33 PM PST by potlatch ( !/ ~*coincidences usually aren't *~\!)
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To: KoRn

He didn’t issue injuction due to not taking effect until 2014.

Individual mandate NOT severable...therefore UNCONSTITUTIONAL. YEEEESSSSS baaaaby.


24 posted on 01/31/2011 12:11:33 PM PST by Marty62 (Marty 60)
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To: ColdOne
Now what happens?

Obama offers HHS post to Mubarak?

25 posted on 01/31/2011 12:11:37 PM PST by keat
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To: Marty62

Justice Kennedy must be feeling all powerful again just about now.


26 posted on 01/31/2011 12:11:56 PM PST by cll (I am the warrant and the sanction)
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To: Marty62

Thats 4 very fast posts


27 posted on 01/31/2011 12:12:00 PM PST by GeronL (http://www.stink-eye.net/forum/index.php)
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To: KarlInOhio

Not separable.


28 posted on 01/31/2011 12:12:07 PM PST by dforest
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To: Marty62

BRAVO!!!


29 posted on 01/31/2011 12:12:22 PM PST by Eagle of Liberty (formally known as Kerretarded....I changed my name)
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To: Marty62

http://blogs.forbes.com/davidwhelan/2011/01/31/breaking-news-florida-judge-rules-against-obamacare-individual-mandate-unconstitutional/


30 posted on 01/31/2011 12:12:27 PM PST by JoeProBono (A closed mouth gathers no feet - Visualize)
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To: Marty62

Obama’s UNCONSTITUTIONAL too, but I guess this is a good first step.


31 posted on 01/31/2011 12:12:30 PM PST by Cementjungle
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To: ColdOne

Obama definitely one termer!!!!!!!


32 posted on 01/31/2011 12:12:44 PM PST by Marty62 (Marty 60)
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To: Marty62

ObamaCare ruled unconstitutional... good news, but not the final word.


33 posted on 01/31/2011 12:12:46 PM PST by Reagan Man ("In this present crisis, government is not the solution to our problem; government is the problem.")
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To: Kieri

WOO HOO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


34 posted on 01/31/2011 12:13:33 PM PST by pollywog ("O Thou who changest not, abide with me.".......)
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To: Marty62

Some text on the ruling here:

http://www.slate.com/blogs/blogs/weigel/archive/2011/01/31/florida-district-court-rules-against-health-care-reform.aspx

[I don’t think we can post from slate.com]


35 posted on 01/31/2011 12:13:52 PM PST by TomGuy
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To: Marty62
I predict SCOTUS will take this opportunity to find that the Constitution does not grant express powers to the Federal government and in fact, that the Federal government can do anything it wants which is not expressly prohibited by the Constitution and its amendments.

The reasoning? SCOTUS will make reference to contemporary global trends in governance and the virtually unlimited powers granted to of government in other western "democracies".

36 posted on 01/31/2011 12:13:55 PM PST by BenLurkin (This post is not a statement of fact. It is merely a personal opinion -- or humor -- or both)
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To: JoeProBono

Roger Vinson

Born in Cadiz, Kentucky, Vinson attended the United States Naval Academy and graduated in 1962 with a bachelor’s degree in engineering. He served at Naval Air Station Pensacola as a Naval aviator from 1962–1968, attaining the rank of lieutenant. After his service, he attended Vanderbilt University and received his J.D. in 1971.

Returning to Pensacola, Florida, Vinson joined the law firm of Beggs & Lane, where he practiced general civil law from 1971–1983. He was nominated to the federal bench by President Ronald Reagan on September 9, 1983 to a seat vacated by Lynn C. Higby, was confirmed by the Senate on October 4, and received his commission a day later. Among the notable cases he has presided over:

* Four defendants of abortion clinic bombing, 1985[1]
* Escambia County, Florida ordinance banning The Last Temptation of Christ, 1988[2]
* Shoney’s $134 million race discrimination settlement, 1993[3]
* Paul Jennings Hill (federal Clinic Access Law charges), 1994[4]
* Sentenced Financial Manager Marcus Schrenker, who attempted to fake his own death by parachuting out of his plane after charges were brought against him for securities fraud, to four years in federal prison in 2009.[5]

Vinson was chief judge from 1997 to 2004. He assumed senior status on March 31, 2005.

He was appointed to serve a seven-year term on the Federal Intelligence Surveillance Court, effective May 4, 2006.[6] In 2009 he was installed as president of the American Camellia Society.[7]

In 2010, Vinson was assigned to hear a case brought by a group of 20 states that was filed with support by 16 attorneys generals and four governors challenging the constitutionality of the new Patient Protection and Affordable Care Act’s requirement that most individuals obtain medical insurance. The suit is the second of more than 15 lawsuits filed against the act that has advanced to this stage of litigation.[8]


37 posted on 01/31/2011 12:14:07 PM PST by keat
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To: ColdOne

Obama definitely one termer!!!!

Actually it will be up to congress to codify, Pre-existing conditions and parents keeping “kids” up to 26 on policies.


38 posted on 01/31/2011 12:14:13 PM PST by Marty62 (Marty 60)
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To: Bigun

FREE FREE FREE AT LAST !

guess I’m being racist shucks


39 posted on 01/31/2011 12:14:27 PM PST by A'elian' nation (“Political correctness does not legislate tolerance; it only organizes hatred.” Jacques Barzun)
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To: NRG1973

I was hoping SOME judge would hold the absence of severability over the law.

I think the Va judge ruled against the individual mandate,
but stated that the rest of it could stay despite the absence of severability.


40 posted on 01/31/2011 12:14:27 PM PST by MrB (Tagline suspended for important announcement on my about page. Click my handle.)
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