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Judge Rules Health Care Law Is Unconstitutional

Discussion in 'Politics, Elections & Legislation' started by shooterIII, Jan 31, 2011.

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  1. shooterIII

    shooterIII Member

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    From Fox News:

    A U.S. district judge ruled Monday that the health care law unconstitutional because it violates the Commerce Clause

    Judge Roger Vinson said as a result of the unconstitutionality of the "individual mandate" that requires people to buy insurance, the entire law must be thrown out.

    "I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one sixth of the national economy, and without doubt Congress has the power to reform and
    regulate this market. That has not been disputed in this case. The principal dispute
    has been about how Congress chose to exercise that power here," Vinson wrote.

    "Because the individual mandate is unconstitutional and not severable, the entire act must be declared void," he wrote.

    Read more: http://www.foxnews.com/politics/2011/01/31/judges-ruling-health-care-lawsuit-shift-momentum-coverage-debate/#ixzz1CeAred8A
     
  2. wireguy

    wireguy TS Member

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    One of the way the leftists overreach is by simply ignoring judicial decisions they don't like, or the executive branch making declarations that end run around the legislature or judicial. Without the power to imprison legislators who ignore their decisions (and the concurrent legislative power to make life "interesting" for judges who trash the constitution) America is no different than Mexico. We are, sadly, in an age when the concept of honor no longer exists, and the bottom line is all that matters. How one achieves the bottom line victory matters not any more.
     
  3. neofight

    neofight TS Member

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    I moved the link up for you...

    Not being familiar with constitutional law, i can't say if this will stick or not, but it seems to make sense that no governing body should be able to require and enforce anyone to purchase insurance. Even liability insurance is optional, provided one has the means to post bond, showing financial responsibility. At least it once was this way when i lived in a neighboring state to the South of me.
     
  4. Recoil Sissy

    Recoil Sissy Well-Known Member

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    neofight and all:

    One of the many reasons a voter should NEVER under any circumstances support a liberal presidential candidate (or a socialist dipsh!t like Obumble) is the absolute certainty he/she will appoint activist federal judges. In this regard a bed wetting RINO is far better than a lib.

    Fortunately, liberal activists aren't yet a clear majority of the SCOTUS. Otherwise, it wouldn't matter whether Obumblecare met Constitutional muster or not. They'd hit it with a rubber stamp and we'd be screwed unless or until repealed.

    The most common form of 'mandatory' liability insurance applies to motor vehicles. In most (maybe all) states, driving is a privilege - not a right. As such, states can and mostly do require some minimum amount of liability coverage.

    Obumblecare is a fundamentally different creature. It doesn't apply to a privilege as the following news clip explains....

    "The individual mandate applies across the board. People have no choice and there is no way to avoid it. Those who fall under the individual mandate either comply with it, or they are penalized. It is not based on an activity that they make the choice to undertake."

    sissy
     
  5. slowdp

    slowdp TS Member

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    You are only required to buy liability insurance if you own a vehicle. Don't buy a vehicle and you don't have to buy liability insurance.

    On the other hand - don't want Obamacare then die. If you live and don't want Obamacare you pay the tax. That is the same as paying for the insurance.

    I sure as hell hope the decision sticks.

    Write your representative. Tell him not to fund it.
     
  6. bigdogtx

    bigdogtx Well-Known Member

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    If it is SO GOOD,,,,why are so many companies "opting out"????
     
  7. 3200SK Robinson

    3200SK Robinson TS Member

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    During 1861-1865 we had a civil war. Well thats been well over 30yrs ago. Didn't Thomas Jefferson say the country needed a revolution about every 30yrs?
    Well, just let'um keep it up because I think this country will stand up and fight or we're DONE! If things don't change look at what our kids and grandkids will be living in, just a modern day Stalinest regime. Now what kind of life would that be for our kids and grandkids?

    God Save Us!
    Richard
     
  8. Barrelbulge(Fl)

    Barrelbulge(Fl) TS Supporters TS Supporters

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    I heard something on Fox, unfortunately just the tail end, that Kagan may noe be able to vote on it since she represented Obama with some of his lawsuits. May be a conflict of interest there. She may have to excuse herself. Bulge.
     
  9. bigdogtx

    bigdogtx Well-Known Member

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    BB, she should recuse herself and would give us a 5-3 vote....

    the WH is now calling the judge's ruling,,,,judicial activism,,,,ROFLMAO
     
  10. halfmile

    halfmile Well-Known Member

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    Mandatory auto insurance is necessary (even though not in some states) because of the potential effect on others.

    If the Gov can force you to buy this product it's only a small step to forcing you to eat certain foods.

    Fish heads and rice comes to mind.

    HM
     
  11. drh08

    drh08 TS Member

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    Health care is a grey area, everyone by law is treated in an ER regardless of ability to pay. So the government can force health care providers to provide a service by law, but not force an individual to have insurance?
     
  12. Luckyman

    Luckyman Active Member

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    Forcing anyone to have anything is the antithesis of Freedom! This is a tax for breathing! Because your are alive it costs money therefore you will pay money to be alive! Are you F-N kidding me? To be alive is not a choice like driving so the insurance comparison is not apples to apples....
     
  13. halfmile

    halfmile Well-Known Member

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    Well, Harry Reid got them all in lock step right down the line. 51 to 47.

    Anyone haveing a Dumocrat senator should be heating up the phone lines right now.

    HM
     
  14. g7777777

    g7777777 TS Supporters TS Supporters

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    While I agree with the decision

    However there are some larger issues

    In America there are the have and have nots

    The gap in America between the have and have nots is greater than the french revolution

    More recently,although not covered well by American media,the recent riots over the last 5 years in Europe to include those in France have at times resulted in total chaos

    If this doesnt matter to you- this gap and this lack of health care for a large number of Americans think about if your children will find themselves on the bottom of the curve should the American economy deteriorate.

    We politically have encouraged what is happening in the Arab nations now. Jimmy Carter did that and threw that region back into the stone age. The outcome of all of this could very well be no oil or gas at 50 dollars a gallon.

    Imagine the number on the bottom of the curve in America should that happen?

    If we dont close the gap- eventually the people on the bottom of this curve are not going to see things in the same ways you may and yes there could be riots and revolution- it could happen- it nearly did happen in the late 60s and early 70s- there were american cities that were burning

    So rather than cheering for the continued lack of health care by those at the bottom of this economic curve- we probably should be seeking a solution dont you think? Not to mention it is the right thing to do.

    Regards from Iowa

    Gene
     
  15. TOOLMAKER 251

    TOOLMAKER 251 Active Member

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    You guys remember the bullshit artist named Joe Manchen (D sen. from W.Va.) In his campaign ad he puts up a copy of the healthcare bill on a tree and shoots it as a target to kill it. He voted nay yesterday. Typical communist bent on bankrupting the country, and betraying the voters who put him in office.
     
  16. mx2k33

    mx2k33 Well-Known Member

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    Well, if we must buy health insurance products, then there should be a law that mandates the purchase of a suitable firearm (constitutionally protected item) by all citizens to help provide for their defense and help ease the burden on public police efforts. Those who do not buy a gun pay a fine. Obamacare, if upheld by the supremes, sets a nice precedent. Obama might be on to something here.
     
  17. R.Kipling

    R.Kipling Well-Known Member

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    Most often, the difference between have's and have-not's is personal responsibility. While I support charity for those who languish in dire circumstances through no fault of their own, I do not, and can not support continually stealing the proceeds of another's work, diligence and responsibility for derelict citizens, and non-citizens alike. Sorry - that is just the way I see it.

    The money and resources that you steal from me to care for the unwilling, distracts from my ability to care for my own family that may be in just as dire a need. My support for my family is what is right and proper - not your edicts.

    I reality, those that impose these sanctions upon the marginals never share in the pain their decisions inflict. They always avail themselves of resources, first. Up until last year, according to our tax returns, I gave more money to charity than the Obama's did. I still give more than Charlie Rangel and Tim Giethner.

    How is it that any free man can be forced to purchase non-insurance from a private company, and still face taxes and fines?

    We got along just fine before some socialists, propped up by a hoard of self-serving Dung Beetles decided that they needed a 70-30 split of our earnings for other peoples access to doctors? It's not health care, it's health insurance. Historically, only 30-35% of your health insurance dollars go to health, the rest goes to personal greed and influence peddling. It's not for health care, it's for securing power, influence and secular wealth for a few.

    It's no different now. The Liberals are so envious and greedy about Big Oil conserative support that they had to find ways of stealing the money they hunger over and the power they crave to make other people do as they wish - not as they do. Global warming and green energy are two other ways to steal.

    If all these liberals are so incensed over low taxes, they can surly right a tax check twice the size due and fulfill their dreams? They can contribute their own money to charities of their own choosing? NO one is stopping them form giving more of their won money. It will do the same good and an taxed dollar. Instead, they complain about inequities, and low taxes and then cheat to not pay those same too low taxes they cry about! do you see the lies, now?

    Leave me and mine alone. We will take care of ourselves, and we will still find a way to support our chosen charities. you do likewise, and we won't need the greedy skimming progs lies to make us feel good, rather than actually extending ourselves and DOING good!

    The Angry Forgotten Man,
    Kip
     
  18. ou.3200

    ou.3200 Well-Known Member

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    With all due respect G7 Obamacare isn't health care, it is a bureaucratic nightmare that stands between American citizens and health care. It will diminish, and increase the cost of, health care for all Americans regardless of their economic status. There is not a lack of health care in this country (but if Obamacare stands there will be) as those who cannot afford it get health care through Medicaid and emergency treatment at hospitals, clinics, etc.
     
  19. g7777777

    g7777777 TS Supporters TS Supporters

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    With all due respect ou.3200 I didnt say Obama care was health care-- way too complicated for me to know that.

    I just said we need to solve the health care as well as the gap between have and have nots.

    I will also beg to differ- there is a tremendous lack of health care - maybe 40 million but certainly 20 million do not have health care.

    How many countries have better mortality rates than we do? 35? is that the current number?

    Sure there is great health care for those that can afford but that doesnt deal with the poor

    Something like 15 percent of americans go to bed hungry while most people posting on here are what-- maybe 50-150 pounds overweight? Something isnt right. Go into a food store and see the food and plenty there.

    The unemployement rate is 20 percent or more in some areas- that is one out of five. Now what happens when it becomes 40 percent?

    We are what 30th in education in the world now yet we have some of the best colleges and universities? Something isnt right

    The gap between the have and have nots is not good for anyone

    Regards from Iowa

    Gene
     
  20. TOOLMAKER 251

    TOOLMAKER 251 Active Member

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    Those 15% of the people that go to bed hungry you quoted are either anorexic or sold their food stamps for cash. I don't care about the wetbacks that forded the Rio Grande, if they need medical attention they can go back where they came from. Why should 20 million illegal trespassers be afforded free food stamps, education, and health care.
     
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