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Judge Rules Obamacare Unconstitutional In Entirety

by James Denison / January 31, 2011 4:55 PM PST

Of course Obama and the govt says they will appeal the decision.


A federal judge in Florida on Monday became the first to strike down the entire law that overhauled the nation's health-care system, potentially complicating implementation of the statute in the 26 states that brought the suit.

The decision by U.S. District Judge Roger Vinson represents a more sweeping repudiation of the law than the December ruling in a suit brought by Virginia that found the requirement that most Americans purchase health insurance to be unconstitutional.

As the judge ruled in the Virginia case, Vinson held that Congress overstepped its authority by compelling nearly all Americans to be insured or pay a fine. But Vinson went further: Likening the law to "a finely crafted watch" in which "one essential piece is defective and must be removed," he ruled that the insurance mandate cannot be separated from the rest of the statute and therefore the entire law must be voided.


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(NT) He's not qualified to judge...he's a Reagan appointee. ;-)
by Steven Haninger / January 31, 2011 6:59 PM PST
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(NT) 26 states of f the hook for now
by James Denison / January 31, 2011 10:56 PM PST
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Of course they'll appeal
by Josh K / January 31, 2011 11:41 PM PST

You expected them to just say "Oh well, we tried" and drop it?

This will probably go to the Supreme Court.

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(NT) One could hope
by James Denison / February 1, 2011 12:26 AM PST
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This morning it was two to two I believe
by Roger NC / February 1, 2011 6:23 AM PST

Two federal judges have ruled part or all unconstitutional, two have ruled it was a legal action of the federal government.

That's what I understood from a sound bite while dressing this morning anyway.

So all the rulings mean little until it gets to the Supreme Court. Did either judge that ruled against part/all put an immediate ban on the processn until overturned? or did they (as sometimes do) recognize the inevitable appeal and stay the execution of their ruling for so many days pending appeal.


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Two previous cases...
by J. Vega / February 1, 2011 9:44 AM PST

In the first of the two previous ObamaCare lawsuits that found it constitutional, the judge cited an old case about a farmer growing wheat for his home consumption. Even though ObamaCare is a novel application of the Commerce Clause because it regulates the act of not engaging in economic activity, the judge concluded that in reality the Commerce Clause power extends to all economic decisions that affect commerce. He also argued that a person can not guarantee that he or she will opt out of the health care market. Many other people have a problem with his logic.
In the second case, the judge issued a preliminary ruling in one of several lawsuits filed against ObamaCare, which pro-life groups opposed because it contained no provisions fully eliminating abortion funding. That original suit was quite limited in its scope, so some people don't see it as having a great bearing on the constitutionality of the law as a whole.

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Of course this one isn't for real but someone
by Steven Haninger / February 1, 2011 6:44 AM PST
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(NT) You mean my air-rifle doesn't cut it ???? Rob
by Ziks511 / February 4, 2011 4:59 AM PST
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As I understand it there have been 4 rulings on Health Care
by Ziks511 / February 4, 2011 4:58 AM PST

The two judges who ruled against it were appointed by Reagan and Bush (not sure which), the two who ruled in favour were both appointed by Clinton.

And that's how you keep politics from corrupting the Judiciary.


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remember... they are only "activist" judges...
by grimgraphix / February 4, 2011 1:01 PM PST

... if they are "liberal".

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