Green Energy
A couple weeks ago and this would have been the BIG story of the day. . .
Newsmax:
Fla. Judge Strikes Down Health Overhaul
Monday, 31 Jan 2011
PENSACOLA, Fla. – A federal judge ruled Monday that the Obama administration's health care overhaul is unconstitutional, siding with 26 states that sued to block it. U.S. District Judge Roger Vinson accepted without trial the states' argument that the new law violates people's rights by forcing them to buy health insurance by 2014 or face penalties.
Attorneys for the administration had argued that the states did not have standing to challenge the law and that the case should be dismissed.
The next stop is likely the U.S. Supreme Court. Two other federal judges have upheld the insurance requirement, but a federal judge in Virginia also ruled the insurance provision violates the Constitution.
In his ruling, Vinson went further than the Virginia judge and declared the entire health care law unconstitutional.
"This is obviously a very difficult task. Regardless of how laudable its attempts may have been to accomplish these goals in passing the Act, Congress must operate within the bounds established by the Constitution," Vinson wrote in his 78-page ruling.
At issue was whether the government is reaching beyond its constitutional power to regulate interstate commerce by requiring citizens to purchase health insurance or face tax penalties.
Attorneys for President Barack Obama's administration had argued that the health care system was part of the interstate commerce system. They said the government can levy a tax penalty on Americans who decide not to purchase health insurance because all Americans are consumers of medical care.
But attorneys for the states said the administration was essentially coercing the states into participating in the overhaul by holding billions of Medicaid dollars hostage. The states also said the federal government is violating the Constitution by forcing a mandate on the states without providing money to pay for it.
Florida's former Republican Attorney General Bill McCollum filed the lawsuit just minutes after Obama signed the 10-year, $938 billion health care bill into law in March. He chose a court in Pensacola, one of Florida's most conservative cities. The nation's most influential small business lobby, the National Federation of Independent Business, also joined.
Other states that joined the suit are: Alabama, Alaska, Arizona, Colorado, Georgia, Indiana, Idaho, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin and Wyoming.
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Green Energy
Federal Judge:Obamacare Unconstitutional
A couple weeks ago and this would have been the BIG story of the day. . .
Newsmax:
Fla. Judge Strikes Down Health Overhaul
Monday, 31 Jan 2011
PENSACOLA, Fla. – A federal judge ruled Monday that the Obama administration's health care overhaul is unconstitutional, siding with 26 states that sued to block it. U.S. District Judge Roger Vinson accepted without trial the states' argument that the new law violates people's rights by forcing them to buy health insurance by 2014 or face penalties.
Attorneys for the administration had argued that the states did not have standing to challenge the law and that the case should be dismissed.
The next stop is likely the U.S. Supreme Court. Two other federal judges have upheld the insurance requirement, but a federal judge in Virginia also ruled the insurance provision violates the Constitution.
In his ruling, Vinson went further than the Virginia judge and declared the entire health care law unconstitutional.
"This is obviously a very difficult task. Regardless of how laudable its attempts may have been to accomplish these goals in passing the Act, Congress must operate within the bounds established by the Constitution," Vinson wrote in his 78-page ruling.
At issue was whether the government is reaching beyond its constitutional power to regulate interstate commerce by requiring citizens to purchase health insurance or face tax penalties.
Attorneys for President Barack Obama's administration had argued that the health care system was part of the interstate commerce system. They said the government can levy a tax penalty on Americans who decide not to purchase health insurance because all Americans are consumers of medical care.
But attorneys for the states said the administration was essentially coercing the states into participating in the overhaul by holding billions of Medicaid dollars hostage. The states also said the federal government is violating the Constitution by forcing a mandate on the states without providing money to pay for it.
Florida's former Republican Attorney General Bill McCollum filed the lawsuit just minutes after Obama signed the 10-year, $938 billion health care bill into law in March. He chose a court in Pensacola, one of Florida's most conservative cities. The nation's most influential small business lobby, the National Federation of Independent Business, also joined.
Other states that joined the suit are: Alabama, Alaska, Arizona, Colorado, Georgia, Indiana, Idaho, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin and Wyoming.
- Get Ready For The Gun Grab
Obama's surrogates here in the Old Dominion are leading the way — via regulation, of course (December 22, 2015): Virginia to stop recognizing concealed carry gun permits from 25 states RICHMOND — Virginia Attorney General Mark R. Herring announced...
- Obamacare Constitutional? Federal Judge Rules Against Virginia's Challenge To Individual Mandate
BULLSHIT! Am I the only one who is noticing that our government has stepped way beyond the line, way beyond what the British government did to those who started the American Revolution? Here's my individual mandate: The government will not tell me...
- Could Scotus Be The Death Panel For Health-care Reform?
From Talking Points Memo: Now that President Obama has signed health-care reform into law, opponents of the bill are pinning their hopes of stopping it on a last-ditch legal strategy. A group of 13 state attorneys general has filed suit (pdf), arguing...
-
Newsmax: Massive State-Level Revolt Brewing Against Obamacare Thursday, 18 Mar 2010 By: David A. Patten Dozens of states are considering laws to legally ban the individual insurance mandate that lies at the heart of President Obama's proposed overhaul...
- Washington Post Editorial Asks, Is Obamacare Unconstitutional?
From Washington Post: President Obama has called for a serious and reasoned debate about his plans to overhaul the health-care system. Any such debate must include the question of whether it is constitutional for the federal government to adopt and implement...