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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: smoothsailing

I’m confused: while the main body of the bill doesn’t go into effect until 2014, a whole bunch of stuff gets phased in before then — including a lot of taxes. If the “whole thing” is unconstitutional, then how come we couldn’t get an injunction on the pre-2014 provisions?


41 posted on 01/31/2011 12:14:31 PM PST by alancarp
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To: Marty62

The only thing better than this would be summary judgments from the 11th Circuit and SCOTUS denying the Feds impending appeal.


42 posted on 01/31/2011 12:14:34 PM PST by Sparticus (Tar and feathers for the first dumbass Republican that uses the word bipartisanship.)
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To: NRG1973
Thanks for answering #20 before I was even able to post it. No implied severability just because Congress usually remembers to include that clause, as the Virginia judge ruled last year.
43 posted on 01/31/2011 12:14:36 PM PST by KarlInOhio (Washington is finally rid of the Kennedies. Free at last, thank God almighty we are free at last.)
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To: Marty62

Just checked dailykos....Crickets, although I thought I heard an occasional nashing of teeth.


44 posted on 01/31/2011 12:14:52 PM PST by Ronald_Magnus
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To: ColdOne

>> Now what happens?

The Obama Administration works with Speaker of the House Nancy Pelosi to rewrite the bill so that it IS constitutional. Then the Democratic congressional majority rubberstamps the new legislation and sends it to the Senate, and from there, Obama signs the new, constitutional legislation into law.

OH WAIT... sorry, my bad... it seems Pelosi no longer presides over a ‘Rat majority. In fact, she no longer presides over jack squat! heh heh...


45 posted on 01/31/2011 12:15:01 PM PST by Nervous Tick (Trust in God, but row away from the rocks!)
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To: Reagan Man

Judge Napolitano saying at least 3 years.


46 posted on 01/31/2011 12:15:07 PM PST by Marty62 (Marty 60)
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To: Marty62

Great, great news!!!!!


47 posted on 01/31/2011 12:15:16 PM PST by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
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To: Marty62

Full text of Judge Vinson ruling:

http://www.scribd.com/doc/47905955/Vinson-opinion


48 posted on 01/31/2011 12:15:41 PM PST by TomGuy
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To: Reagan Man; Erik Latranyi

See my post #36


49 posted on 01/31/2011 12:15:41 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: Marty62

think of all those congressmen who sold their souls to pass it and get bribed..all for naught..


50 posted on 01/31/2011 12:15:46 PM PST by rolling_stone ( *this makes Watergate look like a kiddie pool*)
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Comment #51 Removed by Moderator

To: Marty62

Damn...I was banking on all this free stuff and these judges screw it up. No health care, no gas, no jobs, no house payments yet....My Magic Negro is 0-4 on freebies...:)

http://www.youtube.com/watch?v=_Ojd13kZlCA&NR=1

http://www.youtube.com/watch?v=P36x8rTb3jI&feature=related


52 posted on 01/31/2011 12:15:59 PM PST by oust the louse (When you subsidize poverty and failure, you get more of both.)
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To: keat

An early B-Day present for the Gipper:

[Vinson] was nominated to the federal bench by President Ronald Reagan on September 9, 1983


53 posted on 01/31/2011 12:16:18 PM PST by keat
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To: Guenevere

I’m glad it was Megyn who broke it. Shep is a wuss and a metrosexual punk. He’s the kind of guy that probably got slapped around in school for running to the teacher complaining that “those nasty boys are picking on me”. I don’t think it’s a coincidence that he has the same name as one of the Three Stooges! He has already started making disparaging comments about the ruling.


54 posted on 01/31/2011 12:16:24 PM PST by Babalu ("Tracer rounds work both ways ...")
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To: ColdOne

Heard it on FOX, I expect that medical stocks will drop, with a threat of losing the Government gravy train.

This will have to go further though, and actual land mark legislation repealing it will have to pass. It won’t be easy.


55 posted on 01/31/2011 12:16:24 PM PST by PSYCHO-FREEP (Patriotic by Proxy! (Cause I'm a nutcase and it's someone Else's' fault!....))
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To: Marty62

Well, Nancy Pelosi did say we had to pass the law to find out what was in it.


56 posted on 01/31/2011 12:16:39 PM PST by popdonnelly (If Obama improves education, who'll vote for him?)
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To: ColdOne

It gets appealed to SCOTUS... LOL Where it will fail to pass the constitutionality test as well!

WEWT!


57 posted on 01/31/2011 12:16:43 PM PST by Danae (Anailnathrach ortha bhais is beatha do cheal deanaimha)
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To: Marty62

GREAT! No severability clause so it makes the whole thing unconstitutional.


58 posted on 01/31/2011 12:16:43 PM PST by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: Ronald_Magnus

Well after the suicide pact they issued after 2010 elections. THIS should really send them over the edge.


59 posted on 01/31/2011 12:17:06 PM PST by Marty62 (Marty 60)
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To: KoRn

They think the Commerce Clause allows them to do literally anything


60 posted on 01/31/2011 12:17:35 PM PST by GeronL (http://www.stink-eye.net/forum/index.php)
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