Judge in Va. strikes down federal health care law

Ap/YahooNews ^ | 12/13/10 | Larry O'Dell

[Kartographer]

A federal judge declared the Obama administration's health care law unconstitutional Monday, siding with Virginia's attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court.

U.S. District Judge Henry E. Hudson is the first federal judge to strike down the law, which has been upheld by two others in Virginia and Michigan. Several other lawsuits have been dismissed and others are pending, including one filed by 20 other states in Florida.

[CynicalBear]

Thanks LucyT! This is going to get interesting.

[Kartographer]

And here's to old Virginia--
The Old Dominion State--
Who with the young Confederacy
At length has linked her fate;
Impelled by her example,
Now other states prepare
To hoist on high the Bonnie Blue Flag
That bears a single star.--

[fml]

shot per thread game?

:)

[jessduntno]

“We do not need this $hit, but I fear it is inevitable. observe your position on this line, as when things spiral out of control, you will need to know which side to fall towards. “

We move to Texas...Austin gets cleaned out, becomes the Capital of a new country...The Conservative States of America. I’m good with that. Let the libs kill each other off in the coastal States (the Northeast will be the first bloodbath) in their usual zealot purges and we take them back when the shooting is done. Problem solved.

[xjcsa]

what are the chances they will not accept cert?

Practically zero.

[Frantzie]

Woo Hoo! VA’s AG Ken Cuccinelli for President! He is a GREAT conservative!

[katieanna]

This ruling is the first in which the plaintiff is a State. There is no question that the SCOTUS will grant cert. Judge Roger Vinson of North Florida Fed. Dist. Court will hear arguments this Thursday in the case of the 20 states bringing suit. That ruling could come before year end as well.

[goldi]

I’ve come to the conclusion that it doesn’t matter what the Supreme Court says. The People have to tell congress and the senate they want this thing scrapped pronto, and if they don’t scrap it, they will be looking for new jobs at the next election cycle. Screw the courts. Most of them are as useless as tits on a goldfish.

[backwoods-engineer]

The bozos on the US Supreme Court will overturn this.

The 4th Circuit may, but I don't believe the Supreme Court will. It should be a 5-4 or 6-3 decision at the very least. You know Kagan and Sotomayor and probably Breyer will vote to overturn enumerated powers, but I don't think the others will.

[skr]

I see a problem with the reality that Republican appointed judges rule against, and Democratic appointed judges rule for.

So much for that impartial judiciary thing.

That can be true, but it's also true that Republicans tend to appoint constitutionalists while Democrats appoint activists, hence the appearance of partisanship.

[DTogo]

As Solicitor General under Obama, will Kagan have to recuse herself... ensuring this ruling is upheld?!

[davidosborne]

I concur

[backwoods-engineer]

Kagan didn’t recuse herself last time a case came up in which she had been Sol General... so why should she now? She is there, like Sotomayor, to overturn the Constitution, plain and simple.

[SecondAmendment]

>
>And don’t forget the Dummies forgot to put a severability clause in the bill.
>

I thought there was a severability clause in the bill, but if not this ruling is VERY good news.

I have been worried about what would happen if only the individual mandate was struck down, and the remainder of the bill left intact.
IMHO, this would be a worse case scenario that would accelerate the demise of private insurers, specifically due to the pre-existing prohibition of the bill.

[expatpat]

No, they didn’t forget — they knew that things like the individual mandate are necessary or the whole structure falls like a house of cards.

[Persevero]

Honestly, even many liberals oppose the individual mandate.

The DU and DailyKos folks were furious about the individual mandate.

I can see a much better victory than 5-4 on this one.

[LucyT]

. . . . # 53

"Kagan didn’t recuse herself last time a case came up in which she had been Sol General... so why should she now? She is there, like Sotomayor, to overturn the Constitution, plain and simple."

.

[Persevero]

“Obama may live to regret castigating the SC Justices in the SOTU this past January. Kennedy was among those he dissed.”

That had to be the politically most stupid move I have ever witnessed. I couldn’t believe it when I saw it. Unbelievable.

[mmercier]

Ain't you the frikin patriot.

After we clean house here, guess where we are coming.

It is one thing to twaddle on about how dangerous you are because you can polish your guns watching teevee.

I can run away any time too, just do not have that in me.

And I never go back to where I ran from.

Are you my uncle Richard...?

Outside Huston...?

[Fantasywriter]

It’s the kind of thing a small child would do, with no thought for the consequences. By the time a person reaches adulthood, they’re supposed to have learned that payback is a witch...or something like that. ;)