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Federal judge in Va. strikes down key part of Obama's health care law
NY Post ^ | December 13, 2010 | AP

Posted on 12/14/2010 3:50:39 AM PST by Scanian

Edited on 12/14/2010 4:58:42 AM PST by Admin Moderator. [history]

RICHMOND, Va.

(Excerpt) Read more at nypost.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: judgehenryhudson; obamacare; oldnews; republicans; unconstitutional

1 posted on 12/14/2010 3:50:49 AM PST by Scanian
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To: Scanian

Without the mandate, the whole law doesn’t work. If you force the insurance companies to issue coverage without regard to pre-existing conditions, without the mandate, everyone will simply buy insurance when they get sick. I can’t understand why Hudson didn’t invalidate the whole law because of this problem.


2 posted on 12/14/2010 4:28:55 AM PST by RightFighter (So this is how liberty dies - with thunderous applause!)
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To: RightFighter

If the mandate is thrown out, the entire law is thrown out, because the law does not have a severability clause in it.

All eyes will be on Justice Kennedy when this ruling hits the Supremes.


3 posted on 12/14/2010 4:34:27 AM PST by savedbygrace (But God.)
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To: RightFighter; Scanian
RE :”Without the mandate, the whole law doesn’t work. If you force the insurance companies to issue coverage without regard to pre-existing conditions, without the mandate, everyone will simply buy insurance when they get sick. I can’t understand why Hudson didn’t invalidate the whole law because of this problem

You are right about that problem, but you really were being wishful that the judge would invalidate (popular) mandates to businesses. Remember Rand Paul being attacked on MSNBC Maddow for saying businesses shouldn't be ordered who to serve by the federal government? Most Republicans abandoned him on that issue.

In fact overturning either mandates would invalidate many decades of socialist precedents since Roosevelt. The federal government taxes you less for doing what they want, and taxes you more for not(Green energy credits as an example) . I would be surprised if the SCOTUS puts an end to it.

What is really great about this ruling is it keeps the most unpopular part of Obamacare and the entire Obama-care fight in the news. Obama's best bet is voters forget about the unpopular parts.

4 posted on 12/14/2010 5:25:45 AM PST by sickoflibs ("It's not the taxes, the redistribution is the federal spending=tax delayed")
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