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Wisconsin AG Declares Obamacare Dead
National Review Online ^ | 2/1/2011 | Brian Bolduc

Posted on 02/02/2011 10:00:29 AM PST by KansasGirl

In light of Judge Roger Vinson’s ruling that Obamacare is unconstitutional, Wisconsin’s attorney general, J. B. Van Hollen, has declared the Badger State free of any obligations imposed by the law. “Judge Vinson declared the health care law void and stated in his decision that a declaratory judgment is the functional equivalent of an injunction,” Hollen says in a statement. “This means that, for Wisconsin, the federal health care law is dead — unless and until it is revived by an appellate court.”

(Excerpt) Read more at nationalreview.com ...


TOPICS: Front Page News; Government; News/Current Events; US: Wisconsin
KEYWORDS: constitution; healthcare; judgevinson; obamacare; vanhalen; vanhollen; wisconsin
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I hope the other states follow do the same!
1 posted on 02/02/2011 10:00:32 AM PST by KansasGirl
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To: KansasGirl

BTTT


2 posted on 02/02/2011 10:02:48 AM PST by Dr. Scarpetta
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To: KansasGirl

FOR LATER


3 posted on 02/02/2011 10:04:28 AM PST by kitkat ( Obama: Hype and Chains.)
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To: KansasGirl

Sounds like a good time to move back to Wisconsin.


4 posted on 02/02/2011 10:04:29 AM PST by rj45mis
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To: KansasGirl

The minute a Leftist federal judge approves homosexual marriage, hundreds of homosexuals show up on the courthouse steps for “wedding” ceremonies. There is no waiting for the Supreme Court to rule. States certainly have the green light to cross ObamaCare off their “To Do List.”


5 posted on 02/02/2011 10:04:58 AM PST by kittymyrib
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To: kittymyrib

In my job this is standard stuff. I am working on a project but then management re-evaluates whether or not they want to do it. At that point it is “on hold”. If they decide it isn’t a worthwhile project or never decide anything, it is effectively dead. If they come back with a new “go ahead” order, we fire it back up.

Same thing here. Until a higher court reverses this ruling, this thing is dead or “on hold”. If it is never reversed, the law is effectively dead.

So, yes, it should be off the to-do list.


6 posted on 02/02/2011 10:09:11 AM PST by RobRoy (The US Today: Revelation 18:4)
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To: KansasGirl
Van Hollen Rocks


7 posted on 02/02/2011 10:09:16 AM PST by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
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To: KansasGirl

Great Hubby just told me about this was on our local news but if the other states that don’t remember this..

Health Care: Open Letter To The Republican Party

You have the opportunity to shut down the White House and their continued lawlessness with their refusal to honor the decision out of Judge Vinson.

De-fund, right now, all of the executive departments involved in this crap-pile, including the IRS, HHS and even The Executive’s office budgets!

The power of the purse belongs to the House of Representatives. You have the majority. You can therefore force such a bill through The House, and if The Senate will not concur, there’s a debt ceiling dead ahead that allows you to force all of this down Obama’s throat.

Without your affirmative action the debt limit cannot be exceeded.

If we still have a Constitutional Government then you have an obligation to take this action - right now, right here, today.

To go on-record in support of The Rule Of Law.

To refuse to allow an Executive to usurp The Constitution and Judiciary.

Or will you, the alleged party of The Rule of Law, sit idly by while Obama declares himself King?

If this nation loses its status as a Constitutional Republic, it is your refusal to act that will be responsible for ratifying The Executive’s decision to ignore The Rule of Law.

http://market-ticker.org/akcs-www?blog=Market-Ticker&page=3


8 posted on 02/02/2011 10:11:01 AM PST by FromLori (FromLori">)
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To: KansasGirl

The national trend is promising.


9 posted on 02/02/2011 10:13:12 AM PST by EGPWS (Trust in God, question everyone else)
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To: kittymyrib
"The minute a Leftist federal judge approves homosexual marriage, hundreds of homosexuals show up on the courthouse steps for “wedding” ceremonies."

That's not entirely accurate. When Walker found for plaintiff's in Perry v. Schwarzenegger, that ruling was stayed by the 9th Circuit. There are no homosexual marriages taking in place in CA, at this time.

This particular Obamacare situation is complicated. During hearings that recently ended, not a single law professor - either conservative or liberal - would opine with respect to Vinson's ruling and ending or continuing implementation in the states. They all said it was extremely complicated, and they hadn't yet formed an opinion.

The only testifying attorney who would opine, was a liberal AG from Oregon, who of course said implementation could continue. The reason it's complicated is because there are competing, yet contemporary district court opinions in existence. I suspect most states will side with the status quo, at least until such a time that a Circuit Court either refuses, or grants a stay on Vinson's ruling. That should happen within 14-days.

10 posted on 02/02/2011 10:15:10 AM PST by OldDeckHand
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To: KansasGirl

Judge Vinson invoked the DEATH PANEL on 0bamacare ,,,, I love it !!!!


11 posted on 02/02/2011 10:16:07 AM PST by lionheart 247365 (-:{ GLENN BECK is 0bama's TRANSPARENCY CZAR }:-)
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To: KansasGirl
Well, ObamaCare should have a proper burial and no burial would be complete without a tombstone. "Here lies the remains of a socialist healthcare system."


12 posted on 02/02/2011 10:20:36 AM PST by AdamBomb
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To: AdamBomb

Speaking of....I think this is the same kind of Tombstone obama bought for granny while she was in the freezer for 2 weeks prior to his visit.


13 posted on 02/02/2011 10:21:30 AM PST by AdamBomb
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To: KansasGirl
I hope the other states follow do the same!

I don't understand how the 26 states that were a party to the suit can do anything else. Once the judge ruled, that's the law. Are the AGs not sworn to uphold the law?

It's true that the 11th Circuit Court of Appeals could issue a stay of Vinson's order, but until that happens the 26 states are obligated to follow Vinson's order.

Has anybody figured out yet why this isn't going directly to the Supreme Court? Article 3 Section 2 seems to say that cases in which a State is a party go straight to the Supreme Court, which has "original jurisdiction."


14 posted on 02/02/2011 10:34:26 AM PST by Nick Danger (Pin the fail on the donkey)
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To: KansasGirl

Watch and see if the new “conservative” guru in New Jersey, Chris “Loves a Cadi” Christie follows suit.

Since he had dinner with Obama and Hu (who?) I doubt it.


15 posted on 02/02/2011 10:45:44 AM PST by ZULU (No nation which ever attempted to tolerate Islam, escaped total Islamization.)
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To: kittymyrib

Very good point. And it further demonstrates that leftists have no use for the rule of law unless it happens to suite their purpose.


16 posted on 02/02/2011 10:49:54 AM PST by Obadiah (Smitty Werbenjagermanjensen. He was #1.)
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To: rj45mis
Laudable as the action is, the weapon Fedzilla will use to coerce these states clinging to their judgement are the usual enticements it deigns to bestow on states daily.

School lunch programs, government kick-ins for SCHIP, AFDC, Medicare, Medicare, highway dollars, this dollars, that dollars, ad infinitum. Until our own local governments (and I'll tell you they are as bad or worse than Fedzilla) wean themselves from this 'free' money, nothing will happen to force Fedzilla to obey LEGAL Federal Judgements.

You are not free until you owe no man.

17 posted on 02/02/2011 10:51:46 AM PST by Gaffer
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To: Nick Danger
The USSC has Original Jurisdiction, by law, on all cases involving a State.

However, the internal processes and rules of the federal courts have historically allowed the cases to work their way through the system.

An exception in recent times was the USSC decision that validated the Presidential Count in Florida in 2000.

18 posted on 02/02/2011 10:53:35 AM PST by Mariner (USS Tarawa, VQ3, USS Benjamin Stoddert, NAVCAMS WestPac, 7th Fleet, Navcommsta Puget Sound)
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To: rj45mis
"...Sounds like a good time to move back to Wisconsin..."

That statement highlights the lamentable status of state's rights. One of the great things about the way our country is SUPPOSED to be governed is that the states should have more rights than they currently do, mostly due to the effects of disbursing highway funds to states from the federal level.

The constitution was structured that way to encourage this type of freedom and, dare I say, "diversity"...:) (How I hate that word for what it has become)

Having states invested with more power to manage their own affairs gave greater freedom to all citizens, since if you didn't like the way things were in Massachusetts or California, you could consider moving to Texas or North Dakota since they might have done things very differently.

The coercive effects of the federal monies that are distributed to states on the basis of whether a state adheres to some federal standard has done great harm, and homogenized state environments to a greater degree than they should be.

I never gave the 17th Amendment a second thought for my whole life until recently, and now, I feel it should be repealed as another step towards restoring some power to the states.

19 posted on 02/02/2011 10:54:54 AM PST by rlmorel ("If this doesn't light your fire, Men, the pilot light's out!"...Coach Ed Bolin)
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To: KansasGirl

This is exactly how the states and the people should handle Unconstitutional Obamacare. The states and the people are the final authority on the Constitution, not Congress, not the Oval Office and not SCOTUS. Simply nullify it by refusing to comply.


20 posted on 02/02/2011 10:55:50 AM PST by Defend Liberty
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