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FL Judge Rules Against Obamacare, Injunction Denied As Unnecessary Since Entire Law Unconstitutional
Le·gal In·sur·rec·tion ^ | January 31, 2011 | Professor William A. Jacobson, Cornell Law School

Posted on 01/31/2011 12:35:21 PM PST by 2ndDivisionVet

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To: Robert357
This is going to get real interesting with budgets, since Republicans can say we aren't funding anything that is found to be unconstitutional and we are not allowing agencies to start writing regulations for something that has been found to be unconstitutional. At the very least, ObahmaCare has been set back 3 to 9 months, if not totally scrapped.

Probably the most apt FReeper commentary so far in terms of practical implications.

41 posted on 01/31/2011 2:09:22 PM PST by steve86 (Acerbic by nature, not nurture)
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To: 2ndDivisionVet

While I like the outcome I didn’t like that this judge thinks congress has the right to regulate 1/6 the economy and the other garbage mentioned about how great the intentions were If obamacare had no individual mandates but was based on single payer this judge may have liked it.


42 posted on 01/31/2011 2:10:24 PM PST by plain talk
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To: JohnThune2012

will Obama and the NAACP now declare the Judge a racist?

You’re close.

The REAL problem here is the climate of hate and negativity fostered by the Extreme Right Wing and best exemplified by the vitriol flooding the air-waves by the likes of Glenn Beck, Sarah Palin and Rush Limbaugh...


43 posted on 01/31/2011 2:23:29 PM PST by Paisan
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To: 2ndDivisionVet

Judge Roger Vinson needs to wear bady armor, and be accompanied by heavily armed security, lest he suffer a repeat of what happened to Judge Roll in Tucson for a similar ruling.


44 posted on 01/31/2011 2:31:30 PM PST by editor-surveyor (NOBAMA - 2012)
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To: SeeSharp

>> “The obamunists will also try to get a contrary decision in another jurisdiction in case the appellate court for Florida doesn’t want to hear their appeal.” <<

.
But one cannot enter the docket for the purpose of affirmation of existing law. For what purpose would relief be granted if there is no injury?


45 posted on 01/31/2011 2:36:27 PM PST by editor-surveyor (NOBAMA - 2012)
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To: Frantzie

“Will SCOTUS say that we serfs have ‘no standing?’”

We serfs may not, but we didn’t bring the suit; 26 of our states did!


46 posted on 01/31/2011 2:37:33 PM PST by ROLF of the HILL COUNTRY
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To: 2ndDivisionVet
Judge Vinson found that there was no need for an injunction, since the declaratory judgment that the entire law was invalid was sufficient (in effect, there is nothing left to enjoin, since no part of the law survived).

I say we nuke it from orbit. It's the only way to be sure.

F..kin' A!

47 posted on 01/31/2011 3:20:48 PM PST by tophat9000 (.............................. BP + BO = BS ...........................Formula for a disaster...)
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