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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: onyx

No I didn’t. Good for her husband. I’m just glad she didn’t discuss this missing element before they passed this monstrosity.


301 posted on 01/31/2011 1:58:03 PM PST by Marty62 (Marty 60)
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To: InterceptPoint

in addition, re-read #288


302 posted on 01/31/2011 1:58:46 PM PST by KC Burke
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To: william clark

I guess all the little Masters of the Universe are not as smart as they think they are...hehehe


303 posted on 01/31/2011 1:59:42 PM PST by Marty62 (Marty 60)
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To: ScottinVA

Well well, ya think the Dummies will continue claiming that Zero is like Reagan :-)


304 posted on 01/31/2011 2:01:28 PM PST by Marty62 (Marty 60)
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To: ScottinVA

I think I would do the happy dance for days on that one!


305 posted on 01/31/2011 2:01:42 PM PST by Newton ('No arsenal is so formidable as the will and moral courage of free men and women.' -Ronald Reagan)
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To: 668 - Neighbor of the Beast

“can’t pay” = “won’t pay”.

If you say you need to discuss finaincing options, they’ll work it out with you.

Without insurance, my open-heart surgery would cost me $10/day for remaning life. Most anyone can swing that.

Refuse to pay, they’ll refuse to work. Go figure.


306 posted on 01/31/2011 2:02:11 PM PST by ctdonath2 (Great children's books - http://www.UsborneBooksGA.com)
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To: onyx

So will I. The whole line to noght sure be good.

This ruling is hugh.


307 posted on 01/31/2011 2:02:53 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: onyx

My pleasure!! This great man`s legacy lives!!


308 posted on 01/31/2011 2:02:53 PM PST by ScottinVA (The West needs to act NOW to aggressively treat its metastasizing islaminoma!)
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To: InterceptPoint
Would you like to expound on this a bit?

I'll try... The judge stated that injunctive relief was an extraordinary thing, and thus not to be taken lightly.

Notwithstanding, he wrote that because the defendant in the case is the Federal Government, there is "long-standing presumption" that the law will be followed, and thus his ruling had the effect of an injunction as he is trusting that the government will adhere to the ruling and stop implementing the legislation he has ruled against.

Two problems with that, of course: (a) it's still in force in 24 states... maybe 31 if Obama is counting them... and (b) this administration has already demonstrated an ability to ignore rulings by Federal judges (c.f., the ruling on their Gulf of Mexico oil drilling moratorium).

309 posted on 01/31/2011 2:02:57 PM PST by alancarp
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To: Marty62

LOL - Judge Vinson nails it on page 42 of ruling and rubs it in with reference to the Tea Party....

“It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place.”


310 posted on 01/31/2011 2:03:39 PM PST by Uncledave
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To: Marty62

Everyone has to remember that this could not go back to a conference committee with differences and the later voting body had to vote for the exact language the other body had already passed, which did not contain the severiblity clause on purpose because they wanted to lock it all in.

It would have had to use the Slaughter “rule” etcetera and also would have had to take the amended Senate makeup without Teddy.

You guys were not paying attention just because your heads were exploding during those last votes.


311 posted on 01/31/2011 2:04:13 PM PST by KC Burke
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To: Danae

how does that affect the few things that have already gone into effect? like the coverage for children up to age 26 and the FSA non-prescription taxes? Talk about the gubermint really screwing things up by meddling... this one gets the prize!


312 posted on 01/31/2011 2:04:34 PM PST by Newton ('No arsenal is so formidable as the will and moral courage of free men and women.' -Ronald Reagan)
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To: Defend Liberty
The judge making a ruling on the case is Unconstitutional. Article 3 Section 2 of the Constitution states “In all cases affecting Ambassadors, other public Ministers and consuls and those in which a state shall be party, the Supreme Court has original jurisdiction. In all other cases before mentioned the Supreme Court shall have appellate jurisdiction.” This case can only be ruled on by SCOTUS because it involves at least one state.

Original jurisdiction is not the same thing as exclusive jurisdiction, as I understand it from casual reading of various law blogs.

This post at the Volokh Conspiracy (UCLA prof law blog) addresses the point.

Don't know if I agree, but it is what it is, I guess.

313 posted on 01/31/2011 2:05:22 PM PST by filbert (More filbert at http://www.medary.com--The Revolution Will Be Exit-Polled.)
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To: NYRepublican72

That’s the problem, It’s going directly to the 9th Circus Court, with clear instructions from MaObama. Obama just declared the law as Constiutional and the Judge to be wrong.

We all know the coming ruling......


314 posted on 01/31/2011 2:05:43 PM PST by PSYCHO-FREEP (Patriotic by Proxy! (Cause I'm a nutcase and it's someone Else's' fault!....))
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To: Marty62
"It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place. "

This really says it all.
315 posted on 01/31/2011 2:07:40 PM PST by Newton ('No arsenal is so formidable as the will and moral courage of free men and women.' -Ronald Reagan)
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To: onyx

yeah, the same guy that said paying income tax was “voluntary”.


316 posted on 01/31/2011 2:09:29 PM PST by Newton ('No arsenal is so formidable as the will and moral courage of free men and women.' -Ronald Reagan)
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To: PSYCHO-FREEP

No. The case was venued in a district court in Florida, which means the first appeal is to the 11th Circuit Court of Appeals in Atlanta — a more Republican friendly circuit.

Eventually, it’ll end up in the Supreme Court either through the 11th or via direct appeal from the circuit court.


317 posted on 01/31/2011 2:10:09 PM PST by NYRepublican72
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To: Dubya-M-DeesWent2SyriaStupid!

Must mean the regime has issued their talking points. They’re going for the special interest angle I see. So 26 states are actually nothing but special interests.....mmmmkay.


318 posted on 01/31/2011 2:11:21 PM PST by Newton ('No arsenal is so formidable as the will and moral courage of free men and women.' -Ronald Reagan)
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To: Newton

I wonder if the “Ones” in D.C. NOW get the Tea Party Movement?


319 posted on 01/31/2011 2:11:40 PM PST by Marty62 (Marty 60)
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To: Puppage
You chose not to comment on my actual reasons for my statement but, whatever...

I think the prospect of a fair & open market deserves a chance.

Sortof like low flow turlets that might or might not work under "heavy loads"? Mandated by the federales of course. Fair and open???

320 posted on 01/31/2011 2:11:55 PM PST by ForGod'sSake (You have only two choices: SUBMIT or RESIST with everything you've got!!!)
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