26 states prevail: Fed District Court rules Obamacare unconstitutional

[Little-Acorn]

A Federal District Court judge in Florida has ruled that the insurance mandate in Obamacare is an unconstitutional extension of power to the Federal government; and, since the mandate is not severable, the entire Obamacare scheme is struck down.

This is the case brought be 26 states, and is the largest case brought against Obamacare. The ruling is similar to one brought in a District court in Virginia in December 2010.

It's not looking good for the big-government liberal fanatics, who want to make the country "better" by making laws forcing it to be so, against the clear will of the people.

The cases against Obamacare will almost certainly be appealed to the Supreme Court.

---------------------------------------

http://www.heartland.org/healthpoli...a_Judge_Rules_Obamacare_Unconstitutional.html

Florida Judge Rules Obamacare Unconstitutional

by: Benjamin Domenech
Publication date: 01/31/2011
Publisher: The Heartland Institute

A Florida judge ruled today on the primary multi-state case against President Obama's health law, finding in favor of two individual plaintiffs, the National Federation of Independent Businesses, and 26 plaintiff states -- including Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin, and Wyoming -- in their challenge to the individual mandate.

"Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void," Judge Roger Vinson concluded.

Given the advancement of this case, following on Virginia's separate challenge, it is almost certain the this matter will ultimately be resolved by the U.S. Supreme Court regardless what comes at the appellate level.

Full text of the ruling can be found here:
http://www.heartland.org/custom/semod_policybot/pdf/29270.pdf

 

[steveox]

Remember 3 Supreme court conserivitive Justices refused to attend Obamas state of the union. Chief Justice John Roberts and moderate conservative Justice Anthony Kennedy are Republicans. It would most likely get a 5-4 decision to overturn Obamacare. Its Justices like Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan who just dont give a damn about the U.S Consitution.

 

[Little-Acorn]

These various cases will almost certainly wind up before the Supreme Court. But first I believe they have to go to the Circuit Courts of Appeal.

But whatever they decide, they will eventually be appealed to the Supremes.

Question is, will it get to the Supreme Court before the next Republican President (elected 2012) appoints more conservative (i.e. law-abiding) justices and the Repub majority Senate (elected 2012) confirms them?

 

[Little-Acorn]

BTW, a poster on another board pointed out that Sonia Sotomayor would probably have to recuse herself from any case challengine Obamacare that comes to the Supreme Court, since she helped defend it as a member of the Obama administration.

So any decision on it, would likely be 5-3 in support of finding it unconstitutional.

 

[dogtowner]

BTW, a poster on another board pointed out that Sonia Sotomayor would probably have to recuse herself from any case challengine Obamacare that comes to the Supreme Court, since she helped defend it as a member of the Obama administration.

So any decision on it, would likely be 5-3 in support of finding it unconstitutional.

She should certainly do it but will she ? Far from a certain bet in my opinion.

 

[Little-Acorn]

http://www.washingtontimes.com/news/2011/jan/31/judge-uses-obamas-words-against-him/

Judge uses Obama’s words against him

In ruling against President Obama‘s health care law, federal Judge Roger Vinson used Mr. Obama‘s own position from the 2008 campaign against him, when the then-Illinois senator argued there were other ways to achieve reform short of requiring every American to purchase insurance.

“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 his 78-page ruling Monday.

 

[dogtowner]

http://www.washingtontimes.com/news/2011/jan/31/judge-uses-obamas-words-against-him/

Judge uses Obama’s words against him

In ruling against President Obama‘s health care law, federal Judge Roger Vinson used Mr. Obama‘s own position from the 2008 campaign against him, when the then-Illinois senator argued there were other ways to achieve reform short of requiring every American to purchase insurance.

“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 his 78-page ruling Monday.

ouch !

 

[steveox]

Sonia Sotomayor is a Racist,She hates white men. Elena Kagan is a lesbian she supports gay marriages. So when Sarah Palin becomes president she will appoint David Duke to the U.S Supreme Court.

 

[Rick]

Amidst all the garbage that passes for network news, it would be nice to hear some analysis on how the USSC might vote on this, because obviously it will get to them.

 

[dogtowner]

Amidst all the garbage that passes for network news, it would be nice to hear some analysis on how the USSC might vote on this, because obviously it will get to them.

First question: does Kagan recuse herself ?
Then how willing are they to make the BIG CALL ? Even with the recent ground breaking 2nd amendment decision they were not as definitive as they might have been.
I think they may stop short on the notion that the insurance mandate is inseparable. This would generally force Congress to revisit the whole thing and take action themselves.

 

[Rick]

First question: does Kagan recuse herself ?
Then how willing are they to make the BIG CALL ? Even with the recent ground breaking 2nd amendment decision they were not as definitive as they might have been.
I think they may stop short on the notion that the insurance mandate is inseparable. This would generally force Congress to revisit the whole thing and take action themselves.

That's the problem - leftwingers never give up, and one has to never give up the fight against them sucking power over every aspect of people's lives into the unelected segments of government.

 

[dogtowner]

That's the problem - leftwingers never give up, and one has to never give up the fight against them sucking power over every aspect of people's lives into the unelected segments of government.

If you have principles you shouldn't give up even if those principles are inane ? They're working like hell to get run out of office and as they say, if someone is intend upon hanging themselves, feed them rope.