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To: PhiKapMom
Has Levin expressed optimism in getting this monster overturned by SCOTUS?
1,735 posted on 03/21/2010 8:12:05 AM PDT by newfreep (Palin/DeMint 2012 - Bolton: Secy of State)
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To: newfreep

With so far up to 38 potential lawsuits and various other measures being taken by the States, I see a serious delay in implementation. Just need a few good Federal judges to issue a stay. It worked with the Line-item Veto.


1,738 posted on 03/21/2010 8:13:58 AM PDT by Tuxedo (Sheesh....)
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To: newfreep
From what I understand, Mark & LL's initial focus was on going to court against the un-constitutionality of "deem and pass." He has mentioned the un-constitutionality of forcing citizens to purchase a good/service (i.e., health insurance) as a next step (assuming it passes w/o "deem and pass" being used).

The thing that I don't understand is this: if a court (probably have to be SCOTUS) decides that the mandatory purchase of health insurance is un-constitutionality, does that throw out the whole thing? or just that part of it? And, what are the impacts overall if the "mandatory purchase" part was indeed removed?

1,744 posted on 03/21/2010 8:18:02 AM PDT by zzeeman (Fighting to not be the amongst the last generation to enjoy freedom & liberty!)
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To: newfreep

Mark Levin’s lawsuit - his group already wrote a draft complaint - was focused on the “deem & pass” procedure, which it looks like will not happen. But there’s multiple grounds for other suits, e.g.,

1) The individual mandate exceeds Congress’ enumerated powers.

2) The turning of health insurers into government utilities is an unconstitutional Taking without just compensation. (See scholar Richard Epstein on this one.)

3) Depriving me of the ability to make life-preserving health care decisions via insurance violates substantive due process (OK, that one is from me, but I figure if litigants successfully use the idea of Substantive Due Process to justify killing people, I ought to be able to use it to preserve my Life - which along with Liberty & Property, cannot be deprived without due process of law.)


1,745 posted on 03/21/2010 8:20:01 AM PDT by BCrago66
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To: newfreep

He wouldn’t file if he didn’t think it was a legitimate case that Obamacare is against the Constitution. Landmark Legal goes by the law when filing cases.

Bill McCollum of FL and some other AG’s are set to also file cases so this is going to get interesting.

They are voting on this bill without a complete CBO report of costs. They are not following their own Rules established by the Democrats that all the Rules had to be in place the day before a vote. Rules Committee has been meeting all morning to determine rules.

This is being rammed through the so called pro-life Democrats have been nothing more then a distraction as they sell out for a worthless piece of paper from Obama. If they cannot see how bad this bill is not just with abortion but everything else then they need a big target on their back for defeat on Nov 2, 2010. Within the next month we should have all the figures of how much this is going to cost the average tax payer to hang around Stupak and the rest of their necks.

Defeat every Democrat who voted for Pelosi that now claims to to stand up against healthcare because what they are doing on other votes is going liberal. All you have to do is check out their voting records at http://67.20.95.56/ratings/ratingsarchive/2009/2009%20Combined%20Ratings.html#MS to see how they voted throughout last year and this year so far. Gene Taylor of MS is a prime example of someone who has gone left on votes since Pelosi took over — first year pretty much stayed the same — has a liftime 65 but in 2008 he went down to 24 and now he is only at 56 for this year.


1,772 posted on 03/21/2010 8:48:13 AM PDT by PhiKapMom (Mary Fallin - OK Gov/Rick Perry - TX Gov/Coburn/Rubio - Senate 2010 !)
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