Posted on 06/08/2011 11:16:34 AM PDT by Mount Athos
A top Obama administration lawyer defending last year's healthcare law ran into skeptical questions Wednesday from three federal judges here, who suggested they may be ready to declare all or part of the law unconstitutional.
And in an ominous sign for the administration, the judges opened the arguments by saying they knew of no case in American history where the courts had upheld the government's power to force someone to buy a product.
"I can't find any case like this," said Chief Judge Joel Dubina of the 11th Circuit Court of Appeals. "If we uphold this, are there any limits" on the power of the federal government? he asked.
Judge Stanley Marcus appeared to agree. "I can't find any case" in the past where the courts upheld "telling a private person they are compelled to purchase a product in the open market…. Is there anything that suggests Congress can do this?"
(Excerpt) Read more at latimes.com ...
Skeptical questions from three federal judges in Atlanta suggest they may be ready to declare unconstitutional all or part of the healthcare law promoted by the Obama administration and passed last year by Congress.The first thing I wanted to know when I read your anemic excerpt, which started, "A top Obama administration lawyer defending last year's healthcare law ran into skeptical questions Wednesday from three federal judges here" -- is: WHERE'S "HERE"???
They may well win, however. The Citizens United v. FEC intimidation may have worked. Justices like to go to cocktail parties, as well. OK, maybe Scalia and Thomas may not care for those types of parties.
Why is it always assumed that someone who has no health insurance is covered by the taxpayer? What about sending the health care recipient the bill?
I think it is acceptable to make sure people understand that if they have the opportunity to buy health insurance and choose not to then they accept liabilily for their own medical costs.
Good while your at it’d could you void out the great waygu’s birth cert?
Right and forcing would be unConstitutional. If allowed then we are one step closer to being a communists type of dictatorship by a small group of insane nitwits in Washington. ALL OF THEM! That includes those that believe in the Constitution but sit on their butts and talk, talk, talk. Nothing is done meaningful.
Good while your at it’d could you void out the great waygu’s birth cert?
Judges often talk in such sharp terms to show how “with it” they are, just before upholding the government case, i.e. upholding Obamacare. Call me pessimistic.
The 11th and the 8th Circuit Courts of Appeals are the MOST “conservative” Circuit Courts in the nation. Obambi will probably lose this one.
Nice!
The Supreme Cowards. They´ll save us.
God help us all.
How would this compelling be done? At gunpoint? Under threat of immediate removal from the hospital to cell?
And what insurance company would be crazy enough to write such a policy under those circumstances?
Actually, if you read the article, 2 of them were first appointed by Reagan to the district court. One was later appointed to the court of appeals by Bush41 and the other by Clinton.
Actually one judge (Dubina) was appointed by Republicans (Reagan/Bush41), one (Hull) by a Democrat (Clinton) and one (Marcus) by both a Republican AND a Democrat (Reagan/Clinton). Stanley Marcus was nominated when the GOP had control of the Senate, after having been appointed to the district court by Reagan. So you probably have 2 GOP/1 Dem on this panel.
Actually one judge (Dubina) was appointed by Republicans (Reagan/Bush41), one (Hull) by a Democrat (Clinton) and one (Marcus) by both a Republican AND a Democrat (Reagan/Clinton). Stanley Marcus was nominated when the GOP had control of the Senate, after having been appointed to the district court by Reagan. So you probably have 2 GOP/1 Dem on this panel.
Sorry for the double post.
Thank you for the correction. The all-Dem panel I was thinking of is the one in the Fourth Circuit. This is the Eleventh.
This sounds very promising. However, regardless of what the courts do, Obama and his corrupt democrats already have planned workarounds.... count on it.
They don’t respect the courts orders, the constitution or the laws of the land.
Certainly this country wrecking law must be removed, but for such a removal to work, Obama and the democrats MUST be removed from power, period.
Having said all of that, I am cautiously optimistic.
I think this is about to reach a tipping point where all of the corrupt health insurance firms who got into bed with Obama because they liked the idea of a mandate are going to realize it’s about to get tossed, and will do a 180 and begin forcefully opposing all other aspects of the law.
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