Federal Judge in Florida Rules Individual Mandate is Unconstitutional

Fox News Detroit ^ | 1-31-2011 | Fox News

[Marty62]

Federal Judge in Florida Rules Individual Mandate is Unconstitutional

Updated: Monday, 31 Jan 2011, 3:07 PM EST
Published : Monday, 31 Jan 2011, 3:07 PM EST

(NewsCore) - A Florida federal judge ruled Monday in a 26-state challenge to the national health care law that the provision requiring individuals to purchase health insurance by 2014 or suffer a penalty is unconstitutional, Fox News Channel reported.

Excerpt, see myfoxdetroit

[redgolum]

If it isn't an explicit injunction, the fedgov might just ignore it.

[alancarp]

Really - kind of an ironic statement given the liberals' use of the courts. :P

This opinion actually (for the most part) seems to represent a fairly close decision. It is definitely NOT the slam dunk that we'd hoped for and many are celebrating here. It is clearly deeply researched, but hinges on an interpretation of the Commerce Clause. Other judges would no doubt opine differently. I'm no lawyer, but we certainly ain't done here.

[Jim Robinson]

Woo hoo!!

Twenty-six states!!

Rebellion is brewing!!

[rfp1234]

Celebrate!
http://www.hampsterdance.com/classics/originaldance.htm

[skr]

Some of the justices will certainly think so, but not all. About half on either side with Kennedy as the deciding vote, if past decisions are any indicator.

[Clyde5445]

It worse than than that it was a way to control us. Tyranny is want comes to mind.

One big Leviathan.

[Danae]

There is now no need to repeal it.

It has been found to be Illegal. WOOT! HAPPY DAY!!!!!!!

[BuckeyeTexan]

Wow.

[BuckeyeTexan]

Wow.

[onyx]

Hrry Reid is ignoring it. I didn’t catch exactly what he said, but it was snarky and typically Harry Reid.

[Dubya-M-DeesWent2SyriaStupid!]

CNN commentary already dissing this judge saying he was paid off by special interests and is basically a conservative redneck.

MSNBC,NBC,ABC,NPR and CBS will probably report this judge the same way and add in he is a racist within 3 hours.

[Danae]

YES!
*pumps fist*

[Newton]

gawd they are stupid. No one is taking away healthcare. ANYONE at ANYTIME can get healthcare. Drs and hospitals will work with people when it comes time to pay. Is that the best option? no, but this stupid argument that people are not getting healthcare (and apparently dying in the streets) is such utter bull-crap.

[onyx]

Woo-Hoo is right, Jim!

This one is huge. The judge is one of President Reagan’s appointments and a graduate of the USNA!

*Rebellion is Brewing* - You betcha!!

[redgolum]

Not surprised. If the it wasn't stated that there is an injunction, then they will proceed as if the ruling did not exist.

[rogue yam]

Woo Hoo!

This is a very nice result, and it sets the stage well for the new Congress.

I guess the commies now have something to sob about besides Sarah Palin and Michelle Bachmann.

[Marty62]

God Bless President Reagan!

Always!

[TomGuy]

2,700 pages of an unconstitutional, Marxist, power grab, with the attempt to overthow our Republic!

Nancy and Harry didn't read it.

The Judge did.

Nancy and Harry didn't know what was in it.

The Judge did.

[rintense]

Oh they’re probably lining up sob stories saying, “Republicans took my healthcare from me! I have a right to healthcare!!!”

[BlackElk]

You are absolutely correct. The current lineup at SCOTUS is no better than 4-4-1. Conservatives are Chief Justice Roberts, Associate Justices Scalia, Thomas and Alito. Anti-constitutionalists Associate Justices Breyer, Ginsberg, Sotomayor and Kagan. Then there is the enigma Kennedy who has earned the nickname Sandra Day O'Kennedy as he has replaced O'Connor as the deciding vote on the SCOTUS. He may vote with us on numerous matters but he will vote against us as well on others.

This somewhat unsatisfactory situation would become a lot worse if any of the conservative four or Kennedy were to die or resign while Comrade O continues to occuipy the White House. Example: One dies when oral argument on Obamacare is reasonably imminent. Senate Majority Leader Harry Reed recesses the Senate so that Comrade O can make a "recess appointment" of, oh, Ramsay Clark, without a Senate vote on the appointment to serve for one year. Clark votes with the anti-constitutionalist bloc and, voila!!!, the Commerce Clause is infinitely expanded in its reach and American medical care evaporates after all.

The House needs to wage relentless public guerrilla warfare against Obamacare until it is defunded and repealed, until the Demonrats lose a net of at east 13 Senators in the next cycle and until Comrade O is driven from the White House in favor of a hard-line conservative.