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Obamacare

Token

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Obamacare
« on: December 13, 2010, 05:28:43 PM »
Ruled unconstitutional by federal judge.

Quote
http://www.comcast.net/articles/news-general/20101213/US.Health.Care.Overhaul.Virginia/

RICHMOND, Va. — A federal judge declared the foundation of President Barack Obama's health care law unconstitutional Monday, ruling that the government cannot require Americans to purchase insurance. The case is expected to end up at the Supreme Court.

U.S. District Judge Henry E. Hudson wrote that no court had expanded the Commerce Clause of the Constitution to allow the government to regulate a person's decision not to buy a product.

"At its core, this dispute is not simply about regulating the business of insurance — or crafting a scheme of universal health insurance coverage — it's about an individual's right to choose to participate," Hudson wrote.

In his order, he said he will allow the law to remain in effect while appeals are heard, meaning there is unlikely to be any immediate impact on other provisions that have already taken effect. The insurance coverage mandate is not scheduled to begin until 2014.

"The outcome of this case has significant public policy implications," Hudson wrote. "And the final word will undoubtedly reside with a higher court."

Even so, Republicans in Congress celebrated the ruling as validation of the arguments they had made for months while the law was pending. Rep. Eric Cantor, R-Va., issued a statement urging the White House to agree to expedite a final ruling by appealing directly to the Supreme Court without first stopping at an appeals court.

Hudson is the first federal judge to strike down a key part of the law, which had been upheld by fellow federal judges in Virginia and Michigan. Several other lawsuits have been dismissed and still others are pending, including one filed in Florida by 20 states.

White House health reform director Nancy-Ann DeParle said the administration is encouraged by the two other judges who have upheld the law. She said the Justice Department is reviewing Hudson's ruling.

"We are disappointed in today's ruling but continue to believe — as other federal courts in Virginia and Michigan have found — that the Affordable Care Act is constitutional," said Justice Department spokeswoman Tracy Schmaler.

Hudson sided with Virginia Attorney General Kenneth Cuccinelli, who argued the mandate overstepped the bounds of the Constitution.

"The ruling is extremely positive for anyone who believes in the system of Federalism created by our founding fathers," Cuccinelli said. "It underscores that the Constitution's limitations on federal power really do mean something."

Cuccinelli, a Republican, filed the lawsuit to defend a new state law passed in reaction to the federal overhaul that prohibits the government from forcing state residents to buy health insurance.

He argued that while the government can regulate economic activity that substantially affects interstate commerce, the decision not to buy insurance amounts to economic inactivity that is beyond the government's reach.

"This lawsuit is not about health insurance, not about health care, it's about liberty," he said.

Hudson, a Republican appointed by President George W. Bush, sounded sympathetic to the state's case when he heard oral arguments in October, and the White House expected to lose this round.

Administration officials told reporters last week that a negative ruling would have virtually no impact on the law's implementation, noting that its two major provisions — the coverage mandate and the creation of new insurance markets — don't take effect until 2014.
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Saniflush

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Re: Obamacare
« Reply #1 on: December 14, 2010, 07:22:16 AM »
fook'em.
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"Hey my friends are the ones that wanted to eat at that shitty hole in the wall that only served bread and wine.  What kind of brick and mud business model is that.  Stick to the cart if that's all you're going to serve.  Then that dude came in with like 12 other people, and some of them weren't even wearing shoes, and the restaurant sat them right across from us. It was gross, and they were all stinky and dirty.  Then dude starts talking about eating his body and drinking his blood...I almost lost it.  That's the last supper I'll ever have there, and I hope he dies a horrible death."

AUTiger1

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Re: Obamacare
« Reply #2 on: December 14, 2010, 10:39:56 AM »
Quote
A federal judge declared the foundation of President Barack Obama's health care law unconstitutional Monday, ruling that the government cannot require Americans to purchase insurance.

I said it when it was being debated and when it was passed, but that was going to be the start of a slippery slope.  If the Gov't can tell you that you have to purchase, then what else can they tell you that have to purchase?  If it starts with something like this, where will it end?

I hope this shit gets shut down on the quick.
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Courage is only fear holding on a minute longer.--George S. Patton

There are gonna be days when you lay your guts on the line and you come away empty handed, there ain't a damn thing you can do about it but go back out there and lay em on the line again...and again, and again! -- Coach Pat Dye

It isn't that liberals are ignorant. It's just they know so much that isn't so. --Ronald Reagan

GH2001

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Re: Obamacare
« Reply #3 on: December 14, 2010, 02:36:14 PM »
I said it when it was being debated and when it was passed, but that was going to be the start of a slippery slope.  If the Gov't can tell you that you have to purchase, then what else can they tell you that have to purchase?  If it starts with something like this, where will it end?

I hope this shit gets shut down on the quick.

THIS
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WDE

Tarheel

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Re: Obamacare
« Reply #4 on: December 15, 2010, 03:27:30 PM »
I said it when it was being debated and when it was passed, but that was going to be the start of a slippery slope.  If the Gov't can tell you that you have to purchase, then what else can they tell you that have to purchase?  If it starts with something like this, where will it end?

I hope this poop gets shut down on the quick.

The proverbial slippery slope started long before Obamacare when local governments decided where I cannot enjoy an adult tobacco product in the form of a fine cigar (a legally obtainable product).

Of course a more appropriate analogy is that they tell us that we must have Automobile Insurance.

Anyway, I too hope that this ruling will shut it down quickly but unfortunately the runaway freight train of Obamacare is already in motion.
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The question isn't who is going to let me; it's who is going to stop me. 
-Ayn Rand

The problem with socialism is that eventually you run out of other people's money.
-The Right Honourable Margaret Thatcher

The government solution to a problem is usually as bad as the problem.
-Milton Friedman

The nine most terrifying words in the English language are: 'I'm from the government and I'm here to help.'
-Ronald Reagan

When the people fear their government, there is tyranny; when the government fears the people, there is liberty.
-Thomas Jefferson