Posted on 12/13/2010 9:21:01 AM PST by careyb
Just in... will keep you posted...
Thanks. Hadn’t been following this, and the article wasn’t clear.
“Greta says DOJ will fight it by calling it a tax... Legislators didn’t want to call it a tax for political reasons... But DOJ lawyers call it a tax in defending it...”
How can it be a tax when in 2018, high cost health care plans will be taxed at 40%. Can you tax a tax?
Also, if it is a tax, how can some favored groups claim an opt out on a religious exemption?
It also does not meets the requirements for uniformity because it was not created as an income tax and the law actually states that it is not a tax.
WH flopsweat!
This is the one thing the Obami-nads could point to and say, “We weren’t complete failures/screw-ups.”
Don’t say that too loud or the red nose one will appear....WJC not Rudolph.
>>Fox reporting that White House is “not too concerned about this ruling...”
>>They claim that even if 1501 is voided, then the rest of ObamaCare can remain in force...
>>Ken Cuccinelli takes issue...
Yeah, SORRY OBAMA, THERE’S NO SEVERANCE CLAUSE!!!
Yes, Virginia, there is a Santa Claus.
+++++++++++++++++++++
DING DING DING
QUOTE OF THE DAY!!!!
Also Greta said that since the tax will not be imposed for several years and no one has actually paid any healthcare mandated alleged tax then there would be no qualified plaintiff with standing until tax was paid. So the tax desperation move by the DOJ was rejected by this judge.
Also, I think Greta said that although there was no injunction, this ruling was actually a de facto injunction. No injunction was needed because the imposition of the unconstitutional mandate was not imminent (judges must consider this).
Also, Greta said the judge's ruling _only_ applies to VA and that VA escapes from Obamacare in this particular case partly because they only brought it on their own behalf and because they had a particular VA law making mandates to purchase insurance illegal.
There is either a severability clause contained in the legislation or there isn’t, the need to have one is NOT in question. it is the ONLY way that you preserve the whole by getting rid of the offending portions. My $ is on Ken Cuccinelli on this one.
One more note on this case: Judge Hudson was appointed to the federal bench by George W. Bush. He’s also one reason the Federal District court for Eastern Virginia is referred to as the “rocket docket.” Judge Hudson (and his fellow judges) don’t need a lot of time to make up their minds, and speedy trials/decisions are not a problem in their court. He is also the federal judge who sent Michael Vick to jail for dog-fighting while state officials dithered.
That sound you hear in the distance is liberal heads exploding all across the fruited plain.
More details at VA Attorney General’s website...way to go, Ken Cuccinelli!! We won one for the Constitution!!
http://www.vaag.com/PRESS_RELEASES/index.html#Health_Care
BEST news!!!!!
The law is not YET dead!
And now he’s praising God too!
wouldn’t it be delicious if it’s ruled unconstitutional?
All of those dems threw themselves under the bus for nothing and will now be unemployed.
If any part of the 2000 pages of Obamacare is declared unconstitutional, the whole shebang is void.
I've heard and read that too. Regardless, I'm not jumping for joy on this until Obama's "chickens come home to roost," and this monstrosity is repealed.
Dividend income is taxed. This income was already taxed as corporate income, and is then taxed again as dividend income.
The estate tax is also taxing wealth that was already taxed when it was earned.
-PJ
When a state sues the federal government, it’s in federal court.
Thank you, Judge Hudson... thank you AG Cuccinelli.. thank you to my beloved Old Dominion of Virginia. We’ve taken the beachhead; now we move forward.
Hallelujah! Keep praying.
The difference between the mandate and the entitlement programs is that just by breathing and being alive, you must be insured or pay a penalty tax. You can avoid being enrolled in the entitlement programs—even SS by not working.
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