Federal Judge in Florida Rules Individual Mandate is Unconstitutional

Fox News Detroit ^ | 1-31-2011 | Fox News

[Marty62]

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

[vollmond]

He was nominated to the federal bench by President Ronald Reagan ...

President Reagan - the gift that keeps on giving.

[Lockbar]

[sbMKE]

The mandate is not severable, therefore the whole act is unconstitutional.

[TomGuy]

Direct quote from page 76:

For the reasons stated, I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one sixth of the national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute has been about how Congress chose to exercise that power here.

[jazusamo]

Fox News reports: “U.S. Judge says entire health care law must be declared void”.

YES! I didn't hear that but it has to be right, there's no severability clause.

[Guenevere]

He started making disparaging comments as soon as he heard the ruling......I had to turn him off.

..can't let his sour snarkiness ruin this good news!

[Marty62]

There is a PRESIDENTIAL election in 2012.

IT NOW MEANS THAT ANY REPUBLICAN CANDIDATE MUST SWEAR TO SIGN A REPEAL OF THE ENTIRE LAW.

[BCrago66]

If anyone knows how to convert the opinion from PDF to HTML and post it...it would increase the amount of happiness in the world.

[ColdOne]

Now what happens? Obama offers HHS post to Mubarak? I bet WH spin will all of a sudden bring Egypt front a center.

[Oldeconomybuyer]

Temporary setback for the communist community organizer.

[keat]

The first "money post" from DU:

one man should not be able to take away health care from 90 million american's

Classic.

[Red Badger]

reluctantly .........

[alancarp]

Wow. Judge begins opinion by citing Federalist papers and ties specific clauses to the 10th Amendment. His introduction frames the case to be about the enumerated federal powers. That is a great setup.

[OrioleFan]

Does this mean the big jump in my health care costs this open enrollment will be rolled back??? I thought not.

[Marty62]

ADMIN MOD

THANK YOU VERY MUCH.

[BuckeyeTexan]

No kidding. It’s scary to think just how much power lies in the hands of one man on the SCOTUS, appointed for life.

[Guenevere]

I am getting better commentary from CNN....(sadly)
..Shep ruins everything!

[MrB]

[kcvl]

He was nominated to the federal bench by President Ronald Reagan on September 9, 1983

[Marty62]

“The principal dispute has been about how Congress chose to exercise that power here.”

EXACTLY
EXCEEDED THEIR AUTHORITY UNDER THE CONSTITUTION.