Geeeeee ... then I was right all along - IT HAS NOT BEEN RULED UN-CONSTITUTIONAL. Thank you!
And .. of course they would have ruled it Un-Constitutional - because they didn't want to conform to what the Congress told them to do - because that would have given power to Congress OVER THEM. They could not allow that to happen.
yup, what really ticks me off is that the "conservative" judge (appointed by Bush, Sr.) went to a lot of trouble to write a gratuitous opinion lambasting the President and Congress for passing the legislation. Judge's aren't supposed to give their opinions on matters that they aren't deciding--particularly constitutional matters. What it shows is that you can't trust the judiciary. Even the so-called "Republican" judges are nothing but RINOs.