fishinguitarman
15 years ago
Obummer's Law is Unconstitutional!


RICHMOND, Va. – A federal judge declared the Obama administration's health care law unconstitutional Monday, siding with Virginia's attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court.

U.S. District Judge Henry E. Hudson is the first federal judge to strike down the law, which has been upheld by two others in Virginia and Michigan. Several other lawsuits have been dismissed and others are pending, including one filed by 20 other states in Florida.

Virginia Republican Attorney General Kenneth Cuccinelli filed a separate lawsuit in defense of a new state law that prohibits the government from forcing state residents to buy health insurance. However, the key issue was his claim that the federal law's requirement that citizens buy health insurance or pay a penalty is unconstitutional.

Hudson, a Republican who was 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.

The central issue in Virginia's lawsuit was whether the federal government has the power under the constitution to impose the insurance requirement. The Justice Department said the mandate is a proper exercise of the government's authority under the Commerce Clause.

Cuccinelli 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.


OldSchool
15 years ago
This is going to the supreme court, and Abdul Mustafa knew it all along, why do you think he appointed the "wise latina" and napolitano's twin brother. Was it thier credientials and vast experience? Yeah, I don't think so either...
Lumpa
15 years ago
Ahhh the Commerce Clause.

So sweet one day,
Such complete and utter bitch the next.
Kawak
15 years ago
AP: In response to this news the White House has announced Va will be removed from the union until one of the conservative supreme court judges can be taken out and replaced with Rosie O'Donnell or Joy Bahar.
DrafterX
15 years ago
wasn't he thinking about the fat kids..??? Doesn't anyone ever think about the fat kids..??? 😕
fishinguitarman
15 years ago
Well, of course...he wants to tax them..
richokeeffe
15 years ago
Once again I find myself kinda stuck in the middle ground on a national issue.

I definitely agree that the mandate to purchase goes further than the constitution allows and thus it should be struck down on constitutional grounds. AND there are definitely things in the Health Care package that I very much agree with such as the prohibitions placed on coverage denials due to pre-existing conditions which insurance carriers have abused for years and the capacity to extend coverage to my children.

Alas, the screamers on both sides of this one will have a lot of fun....

HockeyDad
15 years ago
It was a neat piece of "feel good" legislation mixed with income redistribution and massive giveaways to drug and insurance companies.

In the end, 1800 pages of mess.
DrafterX
15 years ago
and TW read it all for nothing now... 😟
HockeyDad
15 years ago

and TW read it all for nothing now... 😟

DrafterX wrote:



...and he was undecided before he read it....and after!
OldSchool
15 years ago
#9, come on now.... No one has read it, and I mean no one!
gringococolo
15 years ago
2 other judges already ruled that it was constitutional. So the score is actually 2-1.
HockeyDad
15 years ago

2 other judges already ruled that it was constitutional. So the score is actually 2-1.

gringococolo wrote:




The way it works with judges is the last score wins so it is still 1-0 unconstitutional.
jackconrad
15 years ago
teedubbya
15 years ago
I have read most of it. Probably not all. The regs being written make the legislation look concise.
donutboy2000
15 years ago
Judge Henry E. Hudson is a racist !
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