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Judge in Va. strikes down federal health care law
Ap/YahooNews ^ | 12/13/10 | Larry O'Dell

Posted on 12/13/2010 9:51:11 AM PST by 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.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Breaking News; Government; Politics/Elections; US: Virginia
KEYWORDS: bhohealthcare; bushappointee; bushjudge; cuccinelli; federalism; gwb; healthcare; lawsuit; obamacare; presidentgeorgewbush; spartansixdelta; va
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To: Kartographer

Via Twitter whpresscorps - WH Press Briefing

Gibbs won’t use the term “individual mandate” - instead refers to the “individual responsibility” provisions

3 minutes ago via web


61 posted on 12/13/2010 11:16:52 AM PST by VRWCTexan (Those who forget history, are doomed to repeat it !)
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To: Kartographer

G-d Bless Judge Henry E. Hudson.


62 posted on 12/13/2010 11:17:47 AM PST by Uncle Miltie (0bama thought he'd find "common ground" on 0bamaCare because of ROMNEYCARE!)
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To: Gadsden1st

Yes Virginia.

There is a Santa Claus.

(I haven’t checked all the threads yet, but someone needed to get it out there)


63 posted on 12/13/2010 11:18:15 AM PST by bluescape (The American media, The guard dog that holds you down while the attacker has his way.)
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To: DTogo
As Solicitor General under Obama, will Kagan have to recuse herself... ensuring this ruling is upheld?!

If its true that Kagan must recuse herself (and I doubt that because she never got involved with this case/issue as Solicitor General) Then a 4-4 decision would uphold the allelate court ruling. Thus, I hope that the appelate court does uphold Hudson's ruling.

64 posted on 12/13/2010 11:18:32 AM PST by NRG1973
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To: Kartographer

Can anyone tell me if this means the bill is stopped; that it can’t be implemented?


65 posted on 12/13/2010 11:19:52 AM PST by Steve0113 (Nearly all men can stand adversity, but if you want to test a man's character, give him power. -A.L.)
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To: Kartographer

BreakingNews ‘We are confident that the affordable care act will be upheld,’ WH spokesman Robert Gibbs says about Va. court ruling on health care law

2 minutes ago via breakingnews.com


66 posted on 12/13/2010 11:20:23 AM PST by VRWCTexan (Those who forget history, are doomed to repeat it !)
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To: Kartographer

YEEEEEE HAWWW!


67 posted on 12/13/2010 11:20:30 AM PST by angelcindy (impeach him now!)
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To: Kartographer

OK.....so this is good......right? ;*)


68 posted on 12/13/2010 11:20:50 AM PST by ohioWfan (Proud Mom of a Bronze Star winner!)
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To: Steve0113
Can anyone tell me if this means the bill is stopped; that it can’t be implemented?

I'm sure this ruling will be appealed to the Supreme Court...we aren't done with 0bamacare yet.

69 posted on 12/13/2010 11:22:29 AM PST by NRG1973
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To: Kartographer
Can't help looking at this like a lawyer, so here goes....

If the individual mandate is the problem, wouldn't that argument also ban any plan to privatize Social Security to the extent such a plan required people to make retirement contribution into certain classes of privately-owned investments?

Just thought of that because frankly, I think the battle on this kind of stuff was fought and lost with government-provided social benefits at the outset. If the government can do Medicare, then it also could do a full national health insurance program for all citizens. And if it could do that, why not the lesser action of reqiuring private insurance? At the least, that permits more individual choice/discretion than a Kennedy/Hillary-esque NHI system that likely woudl pass constitutional muster.

Don't get me wrong. I'm not advocating that. I'm just worried that is the reasoning appellate courts may follow.

70 posted on 12/13/2010 11:23:06 AM PST by Bruce Campbells Chin
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To: LucyT

Finally, an honest judge. I guess there still are some left, but somehow they never seem to get the important cases.


71 posted on 12/13/2010 11:23:36 AM PST by Cicero (Marcus Tullius.)
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To: Steve0113

The judge specifically decided NOT to impose any court restrictions on implemention - stating that the provisions he had ruled against did not take effect until 2013


72 posted on 12/13/2010 11:24:07 AM PST by VRWCTexan (Those who forget history, are doomed to repeat it !)
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To: NRG1973

Right, but is it stopped for the moment, or will implementation continue unabated?


73 posted on 12/13/2010 11:25:30 AM PST by Steve0113 (Nearly all men can stand adversity, but if you want to test a man's character, give him power. -A.L.)
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To: Bruce Campbells Chin

There was no internet when they passed SS. It was promoted on lies and there was no communication channels for the people to dispell those lies.


74 posted on 12/13/2010 11:25:48 AM PST by del4hope (Yes, Virginia, there is a Santa Claus....for now.)
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To: VRWCTexan

Okay, thanks.


75 posted on 12/13/2010 11:27:12 AM PST by Steve0113 (Nearly all men can stand adversity, but if you want to test a man's character, give him power. -A.L.)
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To: 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.”

No, I think they just blew it. Of course we all know the bill doesn’t work without the IM, but they could have easily included severability to protect the rest of the monstrosity.


76 posted on 12/13/2010 11:28:10 AM PST by pghoilman (Earth First. We'll drill the rest of the galaxy later.)
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To: mmercier

“Are you my uncle Richard...?”

No mental illness in the family I know of ... so no, I guess I’m not. Aren’t you the barrel of laughs. Do you need a /sarc tag after everything these days? Relax, tough guy, I was joking around.


77 posted on 12/13/2010 11:28:25 AM PST by jessduntno (TSA: "Because screwing you with your pants ON just wasn't enough.")
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To: mmercier

Reality check ... nothing like that is going to happen.

2010 America (Post-American-Welfare-Police-State-Zone) consists of “loser” 2010 people. It is no longer inhabited by tough take no sh#t hombres from 1863.


78 posted on 12/13/2010 11:33:31 AM PST by MrInvisible
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To: Kartographer

Here’s the problem.

I’ll never comply. EVER.


79 posted on 12/13/2010 11:37:02 AM PST by Indy Pendance
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To: pghoilman

You must realize that the rest of the monstrosity can’t work without the individual mandate, and the extra money coming in from the young and the illegals by coercion. That’s why they didn’t put it in.


80 posted on 12/13/2010 11:37:34 AM PST by expatpat
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