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

[jersey117]

What does all the mean? So they actually can’t take over the student loan industry and get a cut of the sale of your home? Or is it just the individual mandate that is void?

[goldi]

Why the boo boo lip, Obama?

[PSYCHO-FREEP]

Not true......

It is up for interpretation, that is all this means. It has been passed under the previous Commerce Clause, and it has also been signed into law. It’s a done deal. This ruling will automatically be appealed to the next level. That’s all this lower ruling will accomplish.

They will now have to reopen it, debate it and prove why it is considered “Unconstitutional” by a circuit court Judge. It will have to go to the SCOTUS.

If they rule it Unconstitutional, (And they probably won’t) then it will get kicked back to the Legislature. This thing is not dead yet.

[onyx]

Right. NO KAGAN, but Kennedy will vote with our four.

I’ll bet the farm that I don’t own on that.

[NRG1973]

FWIW, Justice Kennedy has previously indicated that he would not be retiring while Oblunder was still in office.

Lets pray for Justice Kennedy and Justices Scalia, Alito, Roberts and Thomas. Hopefully, none of them will have a Vince Foster moment.

[Dengar01]

Well we know Chuck Schumer won’t care because the three branches of government are house, senate and president! Aren’t dumbocrats great???

[diverteach]

see post #137

[GeronL]

lol

[pillut48]

Wait, shouldn't that be, "Heckuva job, Nancy!" ? Since the MSM has washed away all references to the oil spill last summer, today's ruling becomes the new

OBAMA'S KATRINA!!!

[Clyde5445]

This is great news.!!!

[JoeProBono]

[snowsislander]

This is excellent news.

[BlackElk]

Actually, the next venue will be the Federal Circuit Court of Appeals for the circuit that includes Florida (11th?). If decisions in two or more of the circuit courts of appeal differ significantly, then SCOTUS will likely take jurisdiction to resolve such differences between circuits, especially on an important piece of federal legislation such as Obamacare. There are other cases of a similar natiure with differing results at trial court level: Michigan District Court (and one other?) upheld Obamacare and the mandate and Virginia District Court ruled Obamacare and its mandate unconstitutional on similar reasoning to that of the Florida District Court.

The possible outcomes at SCOTUS are two: sensible agreement with Florida and Virginia District Courts limiting the application of the Commerce Clause so as to outlaw its mandate or drastic and dangerous expansion of Commerce Clause jurisdiction of Congress which would threaten to make Congress's jurisdiction limitless so long as based on Commerce Clause "regulations." This has other implications as well since Congress claimed Commerce Clause jurisdiction in passing the Civil Rights Act of 1964 and particularly its "public accommodations" sections and many other unrelated pieces of liberal economic and social laws.

[Marty62]

WELL THAT DOES SHOW THE LEVEL OF INTELLIGENCE OVER AT THE DU DUMPSTER.
THE CONSTITUION IS NOT “ONE MAN”.

Only a commie/fascist would claim a FEDERAL JUDGE is “one man”.

He/she has no problem with the ONE attempting to violate the CONSTITUION OF THE UNITED STATES. Releasing tyranny on the Citizens of the U.S.

[jazusamo]

LOL! Not much of a stretch to believe that’s just what he’s doing. Poor baby!

[Danae]

Stevens thankfully told the press he had no intention of retiring until after Obama had left office.

Isn’t that just a slap in the face! LOL

[Marty62]

A thing of beauty!

[Recovering_Democrat]

Thank God!

[GeronL]

I still don’t think we can put all our eggs in the SCOTUS basket

[ScottinVA]

YES!!!!!!!!!!!!