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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: Marty62
( *** EXACTLY EXCEEDED THEIR AUTHORITY UNDER THE CONSTITUTION *** )



This is EXACTLY what the Tea Party, the right media, us here on Free Republic were talking about and arguing with the liberals, the MSM, this administration and the Democrats in power about:

** THEY EXCEEDED their Constitutional powers when they forced Health Care on us **

It looks now that a Federal Judge has sided with " THE PEOPLE " .

A reminder , do people remember during the Health Care debate that Big Sis Janet with Home Land Security had a " Watch List " even of those who opposed the Health Care scam ? ..... so Big Sis Janet ? what you say now since a FEDERAL JUDGE has sided with us now ? and the Supreme Court ?

Big Sis Janet ? this administration, the Democrat controlled Congress, a FEDERAL judge has said that YOU have stepped out and EXCEEDED your constitutional authority.
381 posted on 01/31/2011 9:37:08 PM PST by American Constitutionalist (The fool has said in his heart, " there is no GOD " ..)
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To: Marty62

No, neither am I. It will set a terrible precedent if the government is allowed to order us to buy something.

Yet we have to remember that as a society, we have an ethic in place right now that we do not deny care to someone who is sick or injured if they can’t pay for it or are uninsured. That’s why we have emergency rooms and Medicaid, and hospitals that just eat the loss.

If we go back to “nothing,” then the insured will continue to pay an unfair burden of the overall cost of health care: They pay for their own insurance and then they pay taxes to cover those who have no money

Under single-payer, THEORETICALLY, everyone pays the same and gets the same care. Economies of scale, and the elimination of the insurance companies’ profits, SHOULD make it less expensive overall.

If I trusted the government, I would be in favor of this, but I don’t. So I guess I would prefer sticking with the present plan that penalizes the responsible, until we can come up with something better, or the world ends.


382 posted on 01/31/2011 10:23:19 PM PST by firebrand
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To: 668 - Neighbor of the Beast

Thank you for your good wishes, and same to you as well.

As for an ER doctor giving you a polite suggestion about seeing a specialist, perhaps, after they’ve eliminated any life threatening possibilities.

Then the uninsured, as I was for decades, can find a GP in the phone book, ask what a visit would cost, and either bring the money or a credit card to pay for the $75-150 visit.

My current GP charges $125 per visit and it is an excellent fully staffed clinic with hep doctors and a professional atmosphere, good response time, etc. I know the fee because I asked first. I have a high deductible policy and pay for all my visits, labs and prescriptions by check or credit card.


383 posted on 01/31/2011 10:36:12 PM PST by Persevero (Homeschooling for Excellence since 1992)
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To: rolling_stone

Give it to the libs. They make war and take casualties. The pubbies just pretend to make wear.


384 posted on 01/31/2011 11:35:11 PM PST by RobbyS (Pray with the suffering souls.)
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To: Persevero
either bring the money or a credit card to pay for the $75-150 visit

In my neck of the woods it's less, when you bring cash. I know because last year I brought it for over thirty people who are so poor, they don't even have $5 for a Medicaid copay, never mind $50-100 on hand.

And I pay attention to their treatment, so I know cash is respected and poverty is answered with a referral to a place they can't afford to go, and a doctor who doesn't take medical assistance, and a chilly indifference.

I've been doing this for a few years now, and I've seen how desperately poor people can be and how little benevolent the medical system is toward the poor; as well as how the government personnel treat them. I don't usually bother trying to convince anyone, save for an occasional rhetorical question like "Why don't you put yourself in their shoes one day and see how you're treated?"

I've got innumerable horror stories for examples, won't bore anyone with them. People need to experience these things themselves. Such an experience can change one's life, provided one has a heart to work with.

385 posted on 02/01/2011 3:08:11 AM PST by 668 - Neighbor of the Beast (BYOST -- bring your own sark tag. Thank you.)
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To: filbert
I understand (and am quite sympathetic with) your interpretation, actually, but the reality of the situation is we’ve got a lot of work to do convincing lawyers and judges that “yes” really means “yes” and “no” really means “no” — and that “Congress Shall Make No Law” means “Congress Shall MAKE NO LAW” — etc., etc. .

Rationalizing it is acceptable to violate the Constitution to suit a particular agenda only invokes others with different agendas to do the same by violating other parts of the Constitution. In the end there will be no Constitution because all of it will have been violated and a completely different form of government, other than the limited government principles our founding fathers intended when they wrote the Constitution, will emerge.

Socialists have been usurping the Constitution for decades and your remedy is to use the same strategy. That line of reasoning does not uphold the Constitution but instead achieves the very goal socialists seek to achieve and you claim to oppose.
386 posted on 02/01/2011 3:45:24 AM PST by Defend Liberty
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To: Defend Liberty

Stakes! Stakes! We need more stakes to drive through the heart of this monster. Through the courts, through de-funding, through anything anyone can do to resist and dissemble this anti-Freedom, anti-American drivel that the DIM/LIB asshats have foisted upon America. Death to this creation of the anti-American, America-hating leftists. Death to the MONSTER!


387 posted on 02/01/2011 4:34:57 AM PST by hal ogen (1st amendment or reeducation camp?)
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To: hal ogen
Stakes! Stakes! We need more stakes to drive through the heart of this monster. Through the courts, through de-funding, through anything anyone can do to resist and dissemble this anti-Freedom, anti-American drivel that the DIM/LIB asshats have foisted upon America

The states reasserting their 10th Amendment rights is the only Constitutional and most powerful stake. Violating the Constitution to defend the Constitution is not a legal or rational defense. Otherwise you are employing the same tactics and reach the same end result as those who seek the Constitution's demise.
388 posted on 02/01/2011 5:46:40 AM PST by Defend Liberty
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To: firebrand

I understand fully your arguement.
But, there are other elements to the problem we all know exists.
Hospitals continue to raise prices, claiming the “uninsured” drive costs up. I personally doubt this claim (at least where I live). One of the Hospital systems that makes this claim spends MILLIONS buliding huge mega hospitals trying to “corner” the market so to speak.
They have systematically bought small “neighborhood” hospitals. It seems they have been positioning themselves to become the Government Hospital of Choice for the Fed mandated patients.
My point with this is that the uninsured, granted cost the insured. But the largest cost to the insured is the hospitals and Docs that raise costs to cover non-patient activities. It’s sort of like education. The rising cost of edu is not student related. It is all about the unions and non edu activities.
We as a people are demanding that the Government be accountable and end the days of spending on unneccessary projects.
We should demand the same of hospitals as well. Ofcourse they will make the arguement that they are “private” entities. But, without Medicare/medicaid, private ins, they would be out of business.
I hope I am making myself clear. But, thee is much more to the high cost of med care and increased ins premiums than the uninsured.
When the law was passed to make denial of care illegal, some not all took it as a green light to milk the system.
It became the catchall excuse for raising costs.
Before we deny care to anyone, we must demand that care providers become accountable to the public. That ofcourse is best handled at the local/state level.


389 posted on 02/01/2011 6:26:03 AM PST by Marty62 (Marty 60)
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To: TomGuy

bump post 48 for full text of ruling


390 posted on 02/01/2011 8:21:12 AM PST by Christian4Bush (Happy New Year. Less than 675 days until we vote out the jackass(es).)
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To: Dubya-M-DeesWent2SyriaStupid!

Here’s a link to The Heritage Foundation’s story on the ruling, with a link that doesn’t require you to log in to Facebook to download/print it.

The story:
http://blog.heritage.org/2011/02/01/morning-bell-another-victory-on-the-road-to-repeal-3/

The link to the opinion:
http://dl.dropbox.com/u/3174287/Opinion%20-%202.pdf


391 posted on 02/01/2011 10:14:08 AM PST by Christian4Bush (Happy New Year. Less than 675 days until we vote out the jackass(es).)
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To: 668 - Neighbor of the Beast

“. People need to experience these things themselves. Such an experience can change one’s life, provided one has a heart to work with. “

I agree and I don’t want to be hard on the poor. However I was officially below the poverty line for years and had no health insurance for decades so I think I do have some personal understanding.

God bless you for your true charity as you help care for those who need medical care.

Outside of personal responsibility, which even in the best of situations can be limited, I see the responsibility going next to family, then to charities and charitable individuals such as yourself; lastly to the government and only in very unique instances, such as minor children or the truly deranged or terribly crippled whose help from family/charity has proven insufficient.


392 posted on 02/01/2011 10:38:53 AM PST by Persevero (Homeschooling for Excellence since 1992)
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To: Defend Liberty
Socialists have been usurping the Constitution for decades and your remedy is to use the same strategy. That line of reasoning does not uphold the Constitution but instead achieves the very goal socialists seek to achieve and you claim to oppose.

I advocated no "remedy" other than convincing lawyers and judges that the Constitiution means what it says. I fail to see how you and I disagree in any tangible way. In any event, I see no productive purpose in continuing our little discourse. Fare well.

393 posted on 02/01/2011 11:23:30 AM PST by filbert (More filbert at http://www.medary.com--The Revolution Will Be Exit-Polled.)
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To: Marty62

Good points. I keep saying the only way to solve our problems is for everybody to go back to Sunday School. In the meantime, we have been saved from this atrocious bill by our Constitution and someone who respects it. Let’s hope it holds.


394 posted on 02/01/2011 11:31:44 AM PST by firebrand
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To: jazusamo

So does this mean that all the money the government took from the people to support this will be returned?


395 posted on 03/22/2011 9:33:19 AM PDT by EQAndyBuzz (Have you terrorized a terrorist today?)
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