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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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 Posted: Mon Dec 13, 2010 9:48 am Post subject: Two Federal judges declare Obama healthcare Unconstitutional |
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In a case that will eventually be decided by the US Supreme Court:
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By LARRY O'DELL, Associated Press � 17 mins ago
RICHMOND, Va. � A federal judge declared the Obama administration's health care law unconstitutional Monday, siding with Virginia's attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court.
U.S. District Judge Henry E. Hudson is the first federal judge to strike down the law, which has been upheld by two others in Virginia and Michigan. Several other lawsuits have been dismissed and others are pending, including one filed by 20 other states in Florida.
Virginia Republican Attorney General Kenneth Cuccinelli filed a separate lawsuit in defense of a new state law that prohibits the government from forcing state residents to buy health insurance. However, the key issue was his claim that the federal law's requirement that citizens buy health insurance or pay a penalty is unconstitutional. |
Edit for Vinson decision below:
Last edited by ontheway on Mon Jan 31, 2011 12:54 pm; edited 1 time in total |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Mon Dec 13, 2010 10:08 am Post subject: |
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The central issue in Virginia's lawsuit was whether the federal government has the power under the constitution to impose the insurance requirement. The Justice Department said the mandate is a proper exercise of the government's authority under the Commerce Clause.
Cuccinelli argued that while the government can regulate economic activity that substantially affects interstate commerce, the decision not to buy insurance amounts to economic inactivity that is beyond the government's reach |
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Fox
Joined: 04 Mar 2009
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| Posted: Mon Dec 13, 2010 11:42 pm Post subject: |
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| For those interested, here is the judge's opinion. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Fri Dec 17, 2010 11:02 am Post subject: |
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By MELISSA NELSON, Associated Press � Thu Dec 16, 9:38 pm ET
PENSACOLA, Fla. � Attorneys for 20 states fighting the new federal health care law told a judge Thursday it will expand the government's powers in dangerous and unintended ways. The states want U.S. District Judge Roger Vinson to issue a summary judgment throwing out the health care law without a full trial. They argue it violates people's rights by forcing them to buy health insurance by 2014 or face penalties.
"The act would leave more constitutional damage in its wake than any other statute in our history," David Rivkin, an attorney for the states, told Vinson. |
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Vinson, who was appointed to the bench almost 30 years ago by President Ronald Reagan, heard arguments Thursday but said he will rule later.
In Florida, Vinson questioned how the government could halt the massive changes to the nation's health care system that have already begun. Rivkin told him the constitutional violations are more important.
The judge questioned the Obama administration attorneys about whether the government is reaching beyond its power to regulate interstate commerce by requiring citizens to purchase health insurance or face tax penalties.
"A lot of people, myself included for years, have no health insurance," said Vinson, who described being a law student and paying cash to the doctor who delivered his first child.
"It amounted to about $100 a pound," he said, laughing.
Vinson also grilled government lawyers about their contention that people can be required to have health insurance because everyone needs medical care. Under that logic, he said, Americans could be forced to wear shoes or buy groceries or clothes. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Mon Jan 31, 2011 12:57 pm Post subject: |
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http://news.yahoo.com/s/ap/20110131/ap_on_bi_ge/us_health_overhaul
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Fla. judge strikes down Obama health care overhaul
By MELISSA NELSON, Associated Press � 2 mins ago
PENSACOLA, Fla. � A federal judge ruled Monday that the Obama administration's health care overhaul is unconstitutional, siding with 26 states that sued to block it. U.S. District Judge Roger Vinson accepted without trial the states' argument that the new law violates people's rights by forcing them to buy health insurance by 2014 or face penalties.
At issue was whether the government is reaching beyond its constitutional power to regulate interstate commerce by requiring citizens to purchase health insurance or face tax penalties.
... attorneys for the states said the administration was essentially coercing the states into participating in the overhaul by holding billions of Medicaid dollars hostage. The states also said the federal government is violating the Constitution by forcing a mandate on the states without providing money to pay for it.
In his ruling, Vinson went further than the Virginia judge and declared the entire health care law unconstitutional. |
... states that joined the suit are: Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Indiana, Idaho, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin and Wyoming |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Mon Jan 31, 2011 1:07 pm Post subject: |
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The Republican House should cut at least $1 trillion from the next budget and attach a repeal of the Unconstitutional Obamacare, send it to the Senate and then adjourn.
Let the Senate pass it and Obama sign it or the government is defunded and closes down.
The House has the power of the purse. Time to use it. |
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Menino80
Joined: 10 Jun 2007
Location: Hodor?
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| Posted: Mon Jan 31, 2011 4:58 pm Post subject: |
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| ontheway wrote: |
The Republican House should cut at least $1 trillion from the next budget and attach a repeal of the Unconstitutional Obamacare, send it to the Senate and then adjourn.
Let the Senate pass it and Obama sign it or the government is defunded and closes down.
The House has the power of the purse. Time to use it. |
hahaha!!!!!! oh man that is the good stuff.
while they're at it they should finally cut all the red tape surrounding the flying car initiative that those statist Lameacrats have been using to suprress the Producer Class!!!! |
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Fox
Joined: 04 Mar 2009
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| Posted: Wed Feb 02, 2011 5:50 pm Post subject: |
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This is only semi-related, but since this is the first health care bill thread I saw scrolling down the page, I'll post here.
Senate Republicans tried to get the health care bill repealed in the Senate (of course it didn't pass). However, the Democrats and Republicans did agree on a single particular change:
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Democrats also countered with the proposed repeal of the law's requirement that businesses, charities, and state and local governments file income tax forms every time they purchase $600 or more in goods.
It was approved 81-17, after Republicans pointed out it had originally been their idea. |
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