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 ...
awsome. thank you.
I guess i don’t quite understand why any of the courts who have declared the law unconstitutional could not order an injunction on further implementation until it is finally decided at SCOTUS. In all other controversial cases in the court system, the court orders this injunction. Obama and his merry men go frolicking along implementing this travesty as if no court has ruled against them. Why can’t a court put a stop to it?
I'm quite convinced that, if enjoined to stop implementing Obamacare, that Obama would simply ignore the order.
Impeachment does not scare him. He knows that the Senate wouldn't convict.
this is a different case. The Virginia case has the all-Dem panel. This is the FL case, backed by 26 other states.
Impeachment does not scare him. He knows that the Senate wouldn’t convict.
You’re exactly right. The wicked bastard will continue on his evil path as long as he can get away with it all.
I can’t help but imagine how quickly our economy would be revived if obamacare was dumped as the unconstitutional law it is and if Americans were allowed to tap into the energy resources located in our own country or just off shore.
Those two actions would be monumental.
EODGUY
Judge Vinson didn’t grant an injunction because he thought it was self-evident that the executive branch should not do unconstitutional things, so his ruling that Obamacare is unconstitutional is essentially the same thing as an injunction. Of course the Obama administration doesn’t care about that little detail.
I just read my pocket US Constitution, and I couldn’t find it either! :-)
This should be the lead story on every network- but it’ll only be on one- the one Americans actually watch-!!!
“”I can’t find any case like this,” said Chief Judge Joel Dubina of the 11th Circuit Court of Appeals.”
Case law?! They’re looking for case law!!
Is it Constitutional? That should be the baseline on this, not whether there are any cases like it in the past.
Have any of the opposing parties asked Vinson for an injunction on implementation since the Judge's ruling was apparently too subtle the Obama thugocracy? By the time this thing gets to SCOTUS it will be a done deal (which is no doubt the plan).
FedGov civil war?
Do the kings in black dresses fear the POTUS seizing some of their power?
You would think that on the basis of that impeccable logic the 11th Circuit would be aghast at the actions of Zero & Co. and as a result issue an immediate injunction against any implementation of O'care. But that looks at this point like a pipe dream. These judges do not give me the warm fuzzies.
So the Supreme Court looks for precedence, and if it’s there, the government is in the clear.
Folks, the government has been unconstitutional for a long time.
Do these judges adhere to the rest of the Constitution? Well they do by bits and pieces, and only if it suits them.
So why would they reference the U.S. Constitution here?
Makes no sense whatsoever...
I’d say you have a very good chance of being right. This should be one they could figure out in 24 hours. Watch them drag it out for six months, then veer into insanity doing triple back flips to accommodate the Kenya dufus.
Well let’s not get all hysterical here, Obama will not oppose the SCOTUS, he just won’t, it would guarantee his defeat at the polls next November. He is acting caviler with the lower courts but once it hits the front page at the SCOTUS and they rule he won’t. Can you imagine the news coverage, I am sure MSNBC will spin for Dummy as a Rouge defending the downtrodden and poor, but you can’t win with 35% of the vote and he would lose any chance at the Independents, gone, done, finite. What Obama will do is throw the fight I front of the SCOTUS, lose basically on purpose and make this a campaign issue. Defying the SCOTUS is a loser and I don’t know if there is a historical precedent where it has actually happened.
Yup, the stroke of a pen and the economy fast forwards. You would think that bambi would be for that, even if Obamacare goes down, since it will greatly improve his ability to be re-elected.
Please god, let this thing be struck down. I fear the 11th circuit will punt and take the middle ground because everyone knows this is headed to SCOTUS.
The Obama admin is just buying time until they can appoint another judge. 2012 is shaping up to be literally a make or break election for the ‘Republic.’
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