Breaking On Fox: VA Judge Declares Individual Mandate In ObamaCare UNCONSTITUTIONAL

Fox News | 12/13/10 | Fox News

[careyb]

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

[BuckeyeTexan]

Well, IANAL, so it’s good to know that my guess was essentially accurate. It was the only thing that made sense to me.

[dr_who]

Who cares?

[dr_who]

Ameon!

[Happy Rain]

Nothing riles the Liberal Democrats more than when someone peels off the thousands of Leftist post-it notes stuck to the US Constitution and then actually reads it.

[Hulka]

Nope.

A bill cannot become law until passed by both chambers of congress and signed by the president.

So, it matters not that is was a “Senate” version.

[deks]

“I believe right now the battle of our time is the battle of liberty against the overreach of the federal government,” he says. “I wouldn’t pick any other four-year period to be in this office.” Ken Cuccinelli

An interesting biographical article about Ken (with pictures).

http://www.washingtonpost.com/wp-dyn/content/article/2010/07/23/AR2010072304025.html

[Varsity Flight]

**** So, if it is a tax, *****

The Steroid Vampire Tax. The real intent of Vampire-Care all along. A “tax” that can/could be levied anytime, anywhere, anyway, at any regulated price.

A word of caution:

.... there were so many bribes (eg Nebraska) in this illegal/non U.S. Constitutional bill..including the recent “exemptions” McDonalds etc.,), that the sell came way short of the revenue it was designed to create.

Therefore, the writers may actually come right back and blatantly, with new legislation, attempt to gut eveything BUT the individual mandate, and go right ahaead and call it a tax anyway....(as another bailout, of a bankrupt govt.)

[newzjunkey]

One hopes this is upheld.

[no-to-illegals]

If this has not been said already, and I haven’t read the entire post(s), then it needs saying. If this has been said, I offer my apology. I would not celebrate, for there is a lot of money riding on this. One vote is all it will take in the Supreme Court and this will not go Conservatives way. The Supreme Court is probably going to vote 5 - 4 on this. If enough money is placed in the right pocket(s) this may go 5 - 4 the liberals and leftists way. I do not know what will happen in the Supreme Court. Yet the history of this court tells us all what to anticipate. We had best follow the money. And may I be wrong.

[freedomwarrior998]

Hudson said that the mandate is severable.

[arrogantsob]

This may take some time to get to the SC and who knows who will be sitting there when it does.

[American Constitutionalist]

That's what Perry Stone said in his video, on page 1001 of the health care plan, in a very vague reference to ( National Medical device registry )

[American Constitutionalist]

That's what Perry Stone said in his video, on page 1001 of the health care plan, in a very vague reference to ( National Medical device registry )

[ROTB]

no severability clause.

Any idea why one wasn’t written into it?

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

Answered prayer.

[Lonesome in Massachussets]

Who cares [what Joe Biden says]?

Gag writers, humorist and collectors of "colorful", if artless and dull, quotations everywhere.

[publiusF27]

Hudson said that the mandate is severable.

U R correct sir. More.

In refusing to strike down the entire law, even though the “linchpin” mandate was crucial to it, Judge Hudson said that it “would be virtually impossible within the present record to determine whether Congress would have passed this bill” without the mandate, since Congress passed the 2,700-page bill in haste before a final vote last Christmas Eve. So, the judge said, he would follow the established rule to sever the invalid part of the law, and leave the remainder intact.

[publiusF27]

"In concluding that Congress did not intend to exercise its powers of taxation under the General Welfare Clause, this Courts' analysis begins with the unequivocal denials by the Executive and Legislative branches that the ACA was a tax. (Emphasis added)

But it seemed like such good politics at the time! ;)

[PA-RIVER]

Oh, The humanity!!

[PA-RIVER]

I can't wait to hear Thomas and Alitos opinion on this.

According to Obama, Thomas and Alito are not qualified. I hope they both rip him a new a$$ in their opinions, and compare him to a dictator in Germany.

[PA-RIVER]

This is what pisses me off. Obama is acting like a King, deciding who must obey the law and who can get a waiver. And you need to kiss his a$$ for a waiver.

Things may have worked that way in Indonesia or Kenya, but not here.