Posted on 01/31/2011 12:35:21 PM PST by 2ndDivisionVet
Federal Judge Roger Vinson of the Northern District of Florida, in a lawsuit by 26 state attorney generals, has held that Obamacare is unconstitutional. Judge Vinson first found that the mandate was unconstitutional, and then found that the mandate could not be severed from the rest of the law, requiring that the entire law be deemed unconstitutional. 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).
Here is the conclusion of the Order:
"The existing problems in our national health care system are recognized by everyone in this case. There is widespread sentiment for positive improvements that will reduce costs, improve the quality of care, and expand availability in a way that the nation can afford. This is obviously a very difficult task. Regardless of how laudable its attempts may have been to accomplish these goals in passing the Act, Congress must operate within the bounds established by the Constitution. Again, this case is not about whether the Act is wise or unwise legislation. It is about the Constitutional role of the federal government.
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.
Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications. At a time when there is virtually unanimous agreement that health care reform is needed in this country, it is hard to invalidate and strike down a statute titled “The Patient Protection and Affordable Care Act.” ... In closing, I will simply observe, once again, that my conclusion in this case is based on an application of the Commerce Clause law as it exists pursuant to the Supreme Court’s current interpretation and definition. Only the Supreme Court (or a Constitutional amendment) can expand that.
For all the reasons stated above and pursuant to Rule 56 of the Federal Rules of Civil Procedure, the plaintiffs’ motion for summary judgment (doc. 80) is hereby GRANTED as to its request for declaratory relief on Count I of the Second Amended Complaint, and DENIED as to its request for injunctive relief; and the defendants’ motion for summary judgment (doc. 82) is hereby GRANTED on Count IV of the Second Amended Complaint. The respective cross-motions are each DENIED. In accordance with Rule 57 of the Federal Rules of Civil Procedure and Title 28, United States Code, Section 2201(a), a Declaratory Judgment shall be entered separately, declaring “The Patient Protection and Affordable Care Act” unconstitutional."
Florida Health Care Mandate Lawsuit, Summary Judgement Order (At link or web address below) http://www.scribd.com/doc/47906075/Florida-Health-Care-Mandate-Lawsuit-Summary-Judgment-Order
Why "reluctantly"?
“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.”
Ieeee! While I LOVE this decision, I cringe at this comment.
Thank you, G-d and this judge!!!
Senator McConnell needs to hold a press conference on the steps of the Capitol with all the other Republicans. He should state, “Judge Vinson has declared the Obama-Pelosi-Reid health care law unconstititional, yet Senate majority leader Reid continues to block bringing the House bill to repeal the unconstitutional law to the floor for a vote. It is time those members of the Democrat majority who know this law must be repealed to sign the petition to being that bill to the Senate.”
When he is asked by a reporter, “Senator McConnell, don’t you expect President Obama will just veto that bill?”, the senator can answer, “I suspect he might, but that’s not his only option. I think he knows that if he vetos a bill to remove an unconstitutional law from the United States Code, he will be inviting a disaster for his party in the next election. He might simply put the repeal bill on the corner of this desk and take no action on that bill for ten days allowing the repeal of the job-killing, health-care-restricting health care law to become law without his signature. We would then be able to address health care in an open and rational manner to produce a bill that will improve health care by allowing doctors to practice medicine while lowering health care costs by fixing problems such as tort reform which drive up health care costs.”
Probably. But I'll sleep better when the Supreme Court puts the final stake through its heart with a 5 to 4 decision.
If they rule that, they can’t appeal.
SCOTUS would have to rule on overturning the judge.
Scalia better hire a food taster.
Thank you Reagan!
I’ll sleep much better this evening knowing that a judge finally fulfilled the obligation to the Constitution and rendered this piece of junk null and void. I wonder what the Justice Dept. and Solicitor General have up their sleeve - I’m sharpening my pitch-fork just in case.
Right. He's just talking about his limitations as a District Court judge. He's saying, indirectly, that he can't make law, nor ignore binding precedent, and in the matter of the Commerce Clause, precedent is already long-established.
This is the only conclusion that ANY Federal District Judge should come to. But, we've already seen one judge in a similar case expand the previous limitations of the Commerce Clause. That's the real problem.
Agreed.
BUMP
On a day where moogly and his communist minions are disrupting the world, this is indeed a gift from the Lord....
May the Good Lord continue to watch over America
ObamaCare ist Kaput!
Ya hear that Reid and Pelosi - your legacy is Kaput! There is a thing called thinking you are smarter than you really are and you thunk it. Yeeeepeeeee! Have some chocolate covered strawberries on me:)
AMEN. Thank you Lord for answered prayer!
If one of the real conservatives is lost because of health or death we are doomed.
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