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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: combat_boots
"Redneck 12 Days of Christmas"

“12 pack of bud
11 wrestlin’ tickets
Tin a’ copenhagen
9 years probation
8 table dancers
7 packs of redman
6 cans of spam
5 flannel shirts
4 big mud tires
3 shotgun shells
2 huntin dogs
and some parts to a Mustang GT”


261 posted on 12/13/2010 11:29:58 AM PST by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: bella1
And Italian to boot! Molto bene....

Sono assolutamente d'accordo!

262 posted on 12/13/2010 11:31:01 AM PST by southernsunshine
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To: American Constitutionalist
I looked up the legislation and reviewed it on-line.
I can't find any reference to his citation.
Any link.
263 posted on 12/13/2010 11:31:20 AM PST by Hulka
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To: ScottinVA
Mama mia!.....he's a hottie!

Leni

264 posted on 12/13/2010 11:33:09 AM PST by MinuteGal
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To: ClearCase_guy
I think there is a concern that the goverment may decide "When we debated the bill, and passed the bill, it was not a tax. However, at this point in time, we deem it expedient to declare that it is a tax. Let it be so."

I don't think that would work, since the "we" mentioned above was the Legislative branch, but the case is being defended by the Executive branch. The Executive can't change the intent of the Legislative.

265 posted on 12/13/2010 11:33:38 AM PST by vrwc1
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To: SaraJohnson

Social Security, Medicare, Medicaid, Department of Education—they’re all unconstitutional, too, but they’re not going away in the near future. So we’ll have to see if this holds up.

+++++++++++++++++

I wonder down the road if this ruling can have implications on those programs as well?


266 posted on 12/13/2010 11:35:50 AM PST by ak267
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To: Hulka

http://www.washingtonpost.com/wp-srv/metro/docs/Hudson_ruling.pdf

The Significant Error in Judge Hudson’s Opinion ?http://volokh.com/


267 posted on 12/13/2010 11:36:00 AM PST by anglian
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To: nina0113
The government does get a little picky about growing your own opiates.

Those laws are unconstitutional. But really, so what? opiates are pain killers. Where in the Constitution does one find the "right" to remain pain-free?
268 posted on 12/13/2010 11:36:28 AM PST by USALiberty
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To: BuckeyeTexan; JPG

Thanks.


269 posted on 12/13/2010 11:37:30 AM PST by FourPeas (From the same mouth come blessing and cursing. My brothers, these things ought not to be so. Ja 3:10)
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To: ScottinVA

Nice Italian name.


270 posted on 12/13/2010 11:37:56 AM PST by angcat (DEAR GOD PLEASE SAVE OUR COUNTRY!)
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To: grumpygresh
All of Obamacare is not being characterized as a tax - only the individual mandate part.
271 posted on 12/13/2010 11:37:59 AM PST by 5thGenTexan
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To: apastron

Tag


272 posted on 12/13/2010 11:39:55 AM PST by is_is (VP Dad of Sgt. G - My Hero - "Sleep Well America......Your Marines have your Back")
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To: vrwc1

I prepared to see Obama try.


273 posted on 12/13/2010 11:41:09 AM PST by ClearCase_guy
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To: careyb
Forget Carter and Clinton holding the presser.

This is so bad for the administration, there's only ONE person clever enough to spin the ruling 180 degress.....the one, the only, the REAL......BAGHDAD BOB, who took the microphone to announce to the world that Iraq was winning the war at the same time U. S. tanks were thundering a few miles behind him.

Leni

274 posted on 12/13/2010 11:41:24 AM PST by MinuteGal
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To: careyb

Zer0 ignored unemployment. Zer0 ignored the economy. Zer0 ignored the wishes of the American people when they asked that the federal government protect our borders and sued Arizona. In his first 2 years as POTUS Zero focused solely on passing this horrendously large piece of crap legislation which has now been struck down by the courts. Zer0 is a failure.


275 posted on 12/13/2010 11:43:44 AM PST by South40 (If there must be trouble, let it be in my day, that my child may have peace. ~Thomas Paine)
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To: ConjunctionJunction

The judge in this case said that there was a presumption of severability. He has severed the individual mandate and declared it unconstitutional as well as any provisions that depend on it. The rest of the legislation still stands.
++++++++++++++

I wonder if the 4th or the SCOTUS will revisit the severablity issue.


276 posted on 12/13/2010 11:47:04 AM PST by ak267
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To: KC Burke

Pulling Section 1501 virtually eviscerates it. From Fox News article:

“But Section 1501 is the portion of the law that collects most of the money that is supposed to flow into the system from millions of additional participants. Without it, the law’s execution could be severely compromised and could rock the foundation of other provisions in the legislation.”


277 posted on 12/13/2010 11:50:23 AM PST by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: ak267

I wonder down the road if this ruling can have implications on those programs as well?


That would be an American revolution I could believe in!


278 posted on 12/13/2010 11:55:08 AM PST by SaraJohnson
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To: BuckeyeTexan

I remember that. Wasn’t it last Christmas eve?


279 posted on 12/13/2010 11:58:29 AM PST by Liberty Valance (Keep a simple manner for a happy life :o)
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To: BuckeyeTexan
The trouble for Obamacare is that it doesn’t have a severability clause.
280 posted on 12/13/2010 11:58:41 AM PST by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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