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Breaking On Fox: VA Judge Declares Individual Mandate In ObamaCare UNCONSTITUTIONAL
Fox News | 12/13/10 | Fox News

Posted on 12/13/2010 9:21:01 AM PST by careyb

Just in... will keep you posted...


TOPICS: Breaking News; News/Current Events; US: Virginia
KEYWORDS: 10thamendment; bhohealthcare; commiecomeuppence; cuccinelli; healthcare; individualmandate; obamacare; ruling; scotus; statesrights; virginia
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To: FourPeas

As retribution for slandering the Justices at the State of the Union address, SCOTUS won’t hear it. They’ll let the lower court ruling stand.

(Hey, I can dream can’t I? I mean, it’s so damn obvious that the Commerce clause doesn’t apply.)

Regards


121 posted on 12/13/2010 9:45:51 AM PST by Rashputin (Barry is totally insane and being kept medicated and on golf courses to hide the fact)
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To: r9etb
"Henry Hudson is an Article III federal judge for the United States District Court for the Eastern District of Virginia. He joined the court in 2002 after being nominated by President George W. Bush."
122 posted on 12/13/2010 9:45:58 AM PST by Norman Bates
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To: careyb
One judge. One decision. One appeal. This'll be around for quite some time ~ the issue that is. No doubt Speaker Boehner will not bring an Obamakkkare funding bill to the floor.

BTW, that argument that "wull, this heyah's same's automobile insurance" is full of holes. First off NO STATE requires everybody to get automobile insurance. In fact, SOME STATES don't require anybody to get it. The judge was quite obviously persuaded that levying a poll tax on everybody just so they could get medical care was UN CONSTITUTIONAL!

123 posted on 12/13/2010 9:46:04 AM PST by muawiyah
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To: careyb

Judge has declared 1501 unconstitutional...

*****Applies only to VA****

***********************************************************

I don’t see how a Federal judge can say that the Constitution only applies to one state.


124 posted on 12/13/2010 9:46:10 AM PST by pgkdan (Protect and Defend America! End the practice of islam on our shores before it's too late!)
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To: Cheerio

I don’t think the WH knows that (probably didn’t read the dang thing) because they’re saying that this ruling doesn’t invalidate other key parts of the bill.


125 posted on 12/13/2010 9:46:59 AM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: careyb; All

Awesome news!

We should do this to All laws, 99% of which are unconstitutional as they mandate all these government agencies which rule by fiat as in the EPA, FCC, FDA, NASA, FEC, IRS etc.


126 posted on 12/13/2010 9:46:59 AM PST by rurgan (Make all laws have an expiration date of 3 years. too many laws is the problem)
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To: careyb

http://www.startribune.com/business/111791869.html


127 posted on 12/13/2010 9:46:59 AM PST by La Lydia
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To: struggle
Is Clinton doing the press conference on this one too?

He's probably still in the ladies' room, consoling a distraught Obama.

128 posted on 12/13/2010 9:48:34 AM PST by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: Charles Henrickson

Use the same technique used in this case to bring all those down too.


129 posted on 12/13/2010 9:48:40 AM PST by rurgan (Make all laws have an expiration date of 3 years. too many laws is the problem)
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To: Michael Barnes
That’s right...no severability.

Really? I thought they always insert a sentence like "If any part of this law shall be deemed unconstitutional, the remaining parts shall remain law." Isn't that part of Bill Writing 101?

130 posted on 12/13/2010 9:49:23 AM PST by matt1234 (0bama's bunker phase: Nov. 2010 - Jan. 2013)
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To: Hawthorn

the freerepublic internal clock has been screwed up for months now. The amount of time it is off is growing bit by bit also. I was hoping some money from the latest freepathon could be used to hire someone to fix it but so far no go.


131 posted on 12/13/2010 9:49:31 AM PST by isom35
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To: careyb

Someone needs to go ask Biden if it’s a BFD.


132 posted on 12/13/2010 9:49:35 AM PST by Free Vulcan (The battle isn't over. Hold their feet to the fire.)
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To: careyb

I live in Virginia :-)

But my company already changed my health plan to avoid the cadilac tax :-(


133 posted on 12/13/2010 9:50:18 AM PST by for-q-clinton (If at first you don't succeed keep on sucking until you do succeed)
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To: Political Junkie Too
If they argue that it is a tax, don't they then have to get around Article I Section 9 Clause 1 "but all Duties, Imposts and Excises shall be uniform throughout the United States?"

Worse than that. Remember that they approved the Senate version of the bill in order to get it done in reconciliation. Well now they run into the problem that all tax bills must start in the House. It wasn't a problem if it wasn't a tax. But if it is a tax, then the method of passage was unconstitutional.
134 posted on 12/13/2010 9:50:24 AM PST by GonzoGOP (There are millions of paranoid people in the world and they are all out to get me.)
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To: AdamBomb

They still have a few weeks left in session...perhaps a little revenge before they leave? :)


135 posted on 12/13/2010 9:50:51 AM PST by ak267
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To: careyb

Big deal as in so what? Or big deal as it it’s a big deal.


136 posted on 12/13/2010 9:50:57 AM PST by BunnySlippers (I love BULL MARKETS . . .)
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To: careyb

WWWLD?


137 posted on 12/13/2010 9:51:17 AM PST by Buckeye McFrog
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To: careyb

This just in:

American citizens (and a few judges) are still Americans and we will brook no tyranny.

God save the Republic.


138 posted on 12/13/2010 9:52:21 AM PST by SpringtoLiberty (Liberty is on the march!)
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To: careyb

REPEAL AND DO NOT REPLACE KenyaCare! It is ILLEGAL and IMMORAL to provide free health care to all!

Bottom line: Health care is NOT A RIGHT!

Can’t pay the doc? maybe you should have planned better and saved your money or bought health insurance. If you didn’t, then, you’d better hope the doc FREELY CHOOSES to help you at no charge because you have ZERO claim on his services as a “right.” Otherwise, your next line of defense is charity — which should be REAL charity based on donations freely made and not FORCED taxation.

When all else fails, there is nothing to keep you from treating yourself for your own ailments. Making ME pay should NOT be on the table.

I say leave the ultimate health care decisions where they belong: WITH GOD! You are always free to PRAY TO DOCTOR GOD for healing. God’s healing can come through direct miracles or by God’s direction to charities and health care providers to help you.

If you TRUST IN GOD, then you can be sure that He WILL MAKE THE RIGHT DECISION and bring you what you need/deserve when you need/deserve it — even if it isn’t what you THINK you want.

Freedom always involves risk. And yes, some people will get more than others. But that is a SMALL price to pay for LIBERTY! We need to get the government 100% OUT of health care!

In the end, free people are called to live with the consequences of their OWN ACTIONS and the judgement of ALMIGHTY GOD. Government has NO RIGHT to interfere with that process!

Yes, I WOULD rather die than receive KenyanCare. Absolutely. God has more wisdom than all the death panels put together!


139 posted on 12/13/2010 9:52:33 AM PST by USALiberty
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To: Cobra64
I think I will temper my enthusiasm until the bill is totally repealed, shredded, burned, and the ashes shot into space towards the sun.

Wow! You really are a right-wing extremist, aren't you? I'm a moderate. I'll settle for the ashes being flushed down the crapper. :->

140 posted on 12/13/2010 9:52:33 AM PST by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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