Judge rules healthcare reform unconstitutional

www.reuters.com ^ | 1/31/2011 | Tom Brown

[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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More: http://www.reuters.com/article/2011/01/31/us-usa-healthcare-ruling-idUSTRE70U6RY20110131?feedType=RSS&feedName=healthNews

[Hawthorn]

>> a miserable tie. I wonder what would happen then??? <<

In case of a SCOTUS tie, the ruling of the lower court is sustained. So assuming (1) that Kagan recuses and (2) that the Fourth Circuit upholds both the Florida and Virginia decisions -- which is very likely, given that the 4th Circuit is pretty much conservative -- we'd look to be home free even if Kennedy goes over to the dark side.

[tubebender]

About a hour ago I heard a report on Fox News Radio talk about this by calling it the O?bama Affordable Health Care initiative...

[catnipman]

“But is the ruling binding? I mean, did he put a stay on the mandate?”

No stay. But the Obammunists have already announced they will ignore the fact that the law has been declared null and void and continue to implement it anyway!

[zeugma]

I was astounded a few months ago when I read about it not having a severability clause. They were so intent on ramming this through without even bothing to read the bill, that they totally screwed themselves. Too freaking funny.

[politicalmerc]

The injunction that they sought to shut down implementation of the legislation was denied because Vinson feels it's simply not needed. Citing a previous ruling, he expects the "executive branch" to "adhere to the law as declared by the court. As a result, the declaratory judgment is the functional equivalent of an injunction."

IBD Article

[Marine_Uncle]

A bit of good news today. Looks like it will go to the Supreme Court at this point.

[GOPJ]

This IS ObamaCare:

http://www.youtube.com/watch?v=LgQUhDHP7UI

[GOPJ]

ObamaCare - a must see...

http://www.youtube.com/watch?v=LgQUhDHP7UI

[Publius6961]

I don't think it matters, either.
I just posted that to remind myself and others of the duplicitous, dishonest manner in which that most unwelcome and destructive law was jammed down everyone's throat.

[Publius6961]

About a hour ago I heard a report on Fox News Radio talk about this by calling it the O?bama Affordable Health Care initiative...

Follow the link at post #9 to see the actual Bill. That is the official (and misleading) Title of the Law that was passed.

[Marine_Uncle]

Pretty good.

[greatdefender]

Hallelujah!!!

http://www.youtube.com/watch?v=usfiAsWR4qU

[GOPJ]

Glad you liked it...

[greatdefender]

[lookout88]

Attorney General Bondi is friggen smoking hot!

[samaritan01]

Judge Vinson’s finding is irony at its sweetest. Vinson found that the rest of the healthcare bill is NOT severable; put simply if one part of the bill is unconstitutional the entire bill is null and void.

Remember Nancy Pelosi saying that we have to pass the bill so that we can find out what is in it?...I never thought I’d find myself agreeing with ‘ol Nancy however she was absolutely correct for once. She failed to read the bill and therefore failed to place a simple, standard severability clause into its text.

It also seems that John Conyers was too lazy to “Read the bill” however Judge Vinson has somehow magically examined the same bill and found a massive screw-up that was missed by the progressives. So much for leftist intellect, by the way didn’t Obama actually teach constitutional law at Harvard. Seems his students need to apply for a refund!

[bitt]

“2500 pages of crap and the authors didn’t manage to include the most basic statement that if any part of the law is found unconstitutional, the remainder is valid. A standard severability clause was omitted. That’s really good news. “

That’s what comes of allowing partisian idealistic clerks and aides to write the 2500 pages, putting everything including the kitchen sink in the bill, and that bunch of stooges in the 2009/2010 Congress just jam it through without reading it because they ‘wanted to make history’.

What a bunch of incompentent BOOBS.

[American Constitutionalist]

( *** EXCEEDED THEIR AUTHORITY UNDER THE CONSTITUTION *** )

[American Constitutionalist]

Would this also make Big Sis Janet's statements and her “ WATCH LIST “ of those who opposed the Health Care legislation before it was passed unconstitutional ? and the Federal Judge stated that they, this administration, the Democrat controlled Congress exceeded their constitutional authority ?

[MacMattico]

I thought I remember reading that in order to get those last few needed votes to get to 60 and move the bill forward, they had to put in the bill that it was not severable because those Senators thought that the mandate would make it pay for itself. If the mandate were severable, those Senators wouldn't vote for it because they thought it would quickly be removed from the bill after passage and then the bill would be unaffordable.

Of course they were morons because the bill was/is still unaffordable, but at least maybe they helped to make the whole thing unconstitutional, even if by accident!