Posted on 01/31/2011 1:11:55 PM PST by rxsid
"Judge rules healthcare reform unconstitutional
By Tom Brown
MIAMI | Mon Jan 31, 2011 3:28pm EST
MIAMI (Reuters) - A judge in Florida on Monday became the second judge to declare President Barack Obama's healthcare reform law unconstitutional, in the biggest legal challenge yet to federal authority to enact the law.
U.S. District Judge Roger Vinson, appointed to the bench by President Ronald Reagan in 1983, ruled that the reform law's so-called "individual mandate" went too far in requiring that Americans start buying health insurance in 2014 or pay a penalty.
"Because the individual mandate is unconstitutional and not severable, the entire act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications," Vinson wrote.
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(Excerpt) Read more at reuters.com ...
PGFWABF”
I have no earthly idea what this means. But at this stage, I can only say “right on!” and throw in a *&$^@$$$ yeah!!!!
“...difficult decision to reach, and I am aware that it will have indeterminable implications...”
Hope his thought process doesn’t consider indirect consequences when rendering decisions. It sure didn’t bother Congress and the president when this bill was past and signed into law leaving administrators to fill in the blanks.
Talking point: all GOP attorney generals
The Supreme Court may end up deciding the issue and I agree the entire law is an affront to our nation’s concept of limited governmental powers.
It is all the same imperative to repeal all of Obamacare ASAP.
Unfortunately, the Constitution says whatever 5 out of 9 Supreme Court Justices say it says.
So far, two Clinton appointed federal judges have ruled that Obamacare is constitutional and two Republican appointed Judges (one Bush appointee and one Reagan appointee) have held that it is unconstitutional.
Ultimately, the issue is going to be decided whichever way Anthony Kennedy decides to vote on the Supreme Court.
Related?
The only thing that will be debatable will be if the whole thing must be thrown out (which it must in my opinion) or whether the mandate can be severed from the rest.
The reason the mandate CAN NOT be severed from the rest... simply everyone would drop their insurance tomorrow ... and wait till they got sick or hurt then buy insurance the insurance companies are required to sell by law.
PGFWABF! = Praise God from Whom all blessings flow!
Actually, the Democrats removed severability from the bill (something that they NORMALLY add to all bills is that if any part is found unconstitutional the remainder is still in force) was because they didn’t want any changes made and that part had been left out... anyway... due to their acting so speedily and an oversight if ANY of the bill is found unconstitutional (not JUST the part under discussion) it ALL goes away.
President Reagan’s legacy lives on.
God bless Judge Vinson and God Bless our lifetime’s greatest president: Ronald Wilson Reagan!
I read that the plaintiffs (States) will petition the Court (or Appellate Court) to stay enforcement of all of the Act due to the ruling that the whole thing is void.
Was ruled void not just because it lacked severability clause (apparently a mistake at the last minute - got dropped - whoops), but because the mandate was the primary catalyst to the entire financing and enforcement of the thing - the judge ruled that without the mandate, the rest fails by its own terms.
Nice strong case for our side. Would hope it will help expedite Sup. Ct. review now that there are 2 cases for and 2 against at the federal level (but on slightly different arguments).
Mainstream media will be focused on Egypt tonight- nothing to see here. Just another wacky Reagan appointed activist judge!
(They will, however, mention that when our gas is $5 per gallon, it is not because the Obama Administration has all but shut down oil production in the US - they will blame the Egypt for that too!)
Nope. I'm not related to the Massachusetts lot either.
My Kennedy ancestors are Scots-Irish. They came over to the U.S. in the 1700s. They came to Texas back in the 1840s.
Kennedy used to be a respectable name until the Massachusetts lot tainted it.
It will be SO SWEET if Nancy threw it all away... FOR NOTHING!
ROFL!
My exact question. We’ll have to wait and see.
“I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that ‘if a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house,’” Judge Vinson wrote in a footnote toward the end of the 78-page ruling Monday.
That will be ME! (Jumping for joy~~~~)
Maybe, but Democrat judges love them.
Like I pointed out, both Clinton appointees that have heard the case so far have held that the Obamanation healthcare deform is constitutional.
I don't think there is any chance that Ginsburg, Breyer, Kagan or Sotomayor are going to vote to overturn Obama's biggest "accomplishment" in office. That means that Kennedy is pretty much going to have the deciding vote (assuming that there is no change in the composition of the Supreme Court in the minimum of two years it will take the case to wind its way through the appellate courts).
Brilliant, and appropriate!!!!
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