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Federal Judge in Florida Rules Individual Mandate is Unconstitutional
Fox News Detroit ^ | 1-31-2011 | Fox News

Posted on 01/31/2011 12:06:59 PM PST by Marty62

Edited on 01/31/2011 12:19:03 PM PST by Admin Moderator. [history]

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



TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Front Page News; Government
KEYWORDS: 10thamendment; fail; healthcare; healthcarelaw; judgevinson; obama; obamacare; obamacarefail; socializedmedicine; statesrights; teapartyrebellion
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To: Babalu

“this is HUGH and SERIES!”

It makes obamacare mute and irrevalunt!


181 posted on 01/31/2011 12:58:18 PM PST by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: TomGuy

“CNN and FoxNews are avoiding this news”

Look again.

http://www.foxnews.com/


182 posted on 01/31/2011 12:58:40 PM PST by ScottinVA (The West needs to act NOW to aggressively treat its metastasizing islaminoma!)
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To: KarlInOhio
The judge notes the intentional lack of a severibility clause but does not use that aspect of his analysis of the entire issue of severibility. He points out that in defending the individual mandate the defendent claims the law cannot work without it as support for his decision that the whole law then must be ruled invalid.
Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.
Seventy Eight pages of wonderfully reasoned and citation filled arguementation that superior courts must first void or obviously and blatently ignore to set this steam engine of socialism back on any track.
183 posted on 01/31/2011 12:58:50 PM PST by KC Burke
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To: jersey117

I have no idea. What did they use as the Law to allow the actions you mentioned.

This is why we need a finding BEFORE Laws are passed as to their Constitutionality.

Enough of this garbage.


184 posted on 01/31/2011 12:58:50 PM PST by Marty62 (Marty 60)
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To: TomGuy
Speaking of Unions, and the crony capitalists, and everyone else who treated favors for waivers ...

WHO DO THEY ASK FOR THEIR MONEY BACK?

LOL!

185 posted on 01/31/2011 12:59:01 PM PST by bvw
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To: Clyde5445; Lakeshark; pillut48; Marty62
US District Court Judge "Clyde" Roger Vinson, is a '62 graduate of USNA.
NOMINATED TO THE BENCH BY: President Ronald Reagan!!!!

GOOD MAN, AMERICAN PATRIOT, EXCELLENT JUDGE.

186 posted on 01/31/2011 12:59:02 PM PST by onyx (If you truly support Sarah Palin and want to be on her busy ping list, let me know!)
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To: ScottinVA; ExTexasRedhead; LucyT; nutmeg; STARWISE

Yes! Such great news and ping to friends!


187 posted on 01/31/2011 12:59:04 PM PST by seekthetruth (There is nothing hidden, except to be disclosed; nor is anything secret, except to come to light.Mar)
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To: Marty62

188 posted on 01/31/2011 12:59:12 PM PST by Lazamataz (If Illegal Aliens are Undocumented Workers, then Thieves are Undocumented Shoppers.)
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To: Marty62

Read page 42 of the decision.... Nice Job Tea Party!


189 posted on 01/31/2011 12:59:40 PM PST by Portnoy (Follow me on Twitter @gadsdenrattlers)
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To: Marty62

190 posted on 01/31/2011 1:00:03 PM PST by Dubya-M-DeesWent2SyriaStupid! (Obama:If They Bring a Knife to the Fight, We Bring a Gun (the REAL Arizona instigator))
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To: onyx

absolutely!

Obviously knows the Constitution.


191 posted on 01/31/2011 1:00:27 PM PST by Marty62 (Marty 60)
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To: Ronald_Magnus

You know, they want to protect their Marxist usurper president, Obongo, but they don’t like this health care bill any more than we do.


192 posted on 01/31/2011 1:01:52 PM PST by mojitojoe (In itÂ’s 1400 years of existence, Islam has 2 main accomplishments, psychotic violence and goat curr)
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To: Marty62

President Reagan’s legacy lives!

Huge impact today!

God Bless President Reagan!


193 posted on 01/31/2011 1:02:38 PM PST by onyx (If you truly support Sarah Palin and want to be on her busy ping list, let me know!)
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To: NRG1973

[Does anyone think its possible that 0bama will decide not to challenge the judges ruling but will instead try to negotiate a bill with the Republicans???]

bwaaaahahahaha! No, Obama will just attack the judge. That is why the judge waited until after the SOTU!


194 posted on 01/31/2011 1:02:49 PM PST by KansasGirl (Note to self: proofread BEFORE pushing Post.)
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To: onyx

Definitely a good man. He did what was right and just.


195 posted on 01/31/2011 1:03:02 PM PST by Clyde5445 (If you truly support Sarah Palin and want to be on her busy ping list, let me know!)
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To: Marty62
YES!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
196 posted on 01/31/2011 1:03:47 PM PST by mojitojoe (In itÂ’s 1400 years of existence, Islam has 2 main accomplishments, psychotic violence and goat curr)
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To: Portnoy

Link please.


197 posted on 01/31/2011 1:03:58 PM PST by KansasGirl (Note to self: proofread BEFORE pushing Post.)
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To: BuckeyeTexan

Judges don’t like to be reversed. That is why this is so important. Will the Circuit Judges want to go down as supporting Unconstitutional Laws?

IT IS IMPORTANT THAT ANY 2012 PRESIDENTIAL CANDIDATE SWEAR TO SIGN A REPEAL OF THIS LAW BEFORE IT GETS TO THE SUPREMES.


198 posted on 01/31/2011 1:03:58 PM PST by Marty62 (Marty 60)
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To: KansasGirl
""Does anyone think its possible that 0bama will decide not to challenge the judges ruling but will instead try to negotiate a bill with the Republicans???""

bwaaaahahahaha! No, Obama will just attack the judge. That is why the judge waited until after the SOTU!

The reason that I think 0bama might not appeal this is because I think he would like to move thias law out of the Judicial Branch and back into the Political arena, where the Democrats will have the help of the MSM to fight it. ASdditionally, I think he'd like to undo the 2010 mid-term elections and he might think the Dems can win the rematch

199 posted on 01/31/2011 1:06:48 PM PST by NRG1973
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To: alancarp
I’m confused: while the main body of the bill doesn’t go into effect until 2014, a whole bunch of stuff gets phased in before then — including a lot of taxes. If the “whole thing” is unconstitutional, then how come we couldn’t get an injunction on the pre-2014 provisions?

Because, as far as I can tell, no one asked him to. I believe the requested injunction was specifically in reference to the individual mandate.

200 posted on 01/31/2011 1:06:48 PM PST by kevkrom (De-fund Obamacare in 2011, repeal in 2013!)
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