2nd Judge Rules Obamacare Unconstitutional

Obamacare symbol: The IScrewU


Judge rules healthcare reform unconstitutional
By Tom Brown – Reuters – Jan 31, 2011
A judge in Florida on Monday became the second judge to declare President Barack Obama’s healthcare reform law unconstitutional, in the biggest legal challenge yet to federal authority to enact the law.
U.S. District Judge Roger Vinson, appointed to the bench by President Ronald Reagan in 1983, ruled that the reform law’s so-called “individual mandate” went too far in requiring that Americans start buying health insurance in 2014 or pay a penalty.
“Because the individual mandate is unconstitutional and not severable, the entire act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications,” Vinson wrote.
He was referring to a key provision in the Patient Protection and Affordable Care Act and sided with governors and attorneys general from 26 U.S. states, almost all of whom are Republicans, in declaring it unconstitutional. The issue will likely end up at the Supreme Court.
The plaintiffs represent more than half the U.S. states, so the Pensacola case has more prominence than two dozen lawsuits filed in federal courts over the healthcare law.
The healthcare overhaul, a cornerstone of Obama’s presidency, aims to expand health insurance to cover millions of uninsured Americans while also curbing costs. Administration officials insist it is constitutional and needed to stem huge projected increases in healthcare costs.
Two other federal judges have rejected challenges to the individual mandate. But a federal district judge in Richmond, Virginia, last month struck down that central provision of the law in a case in that state, saying it invited an “unbridled exercise of federal police powers.”
The provision is key to the law’s mission of covering more than 30 million uninsured. Officials argue it is only by requiring healthy people to purchase policies that they can help pay for reforms, including a mandate that individuals with pre-existing medical conditions cannot be refused coverage.
H/t beloved fellows Judy, Tina & DCG.
~Eowyn

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tina
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YES! It is straight up,U-N-C-O-N-S-T-I-T-U-T-I-O-N-A-L.

hrmfc
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hrmfc

Alleluia!
Can we ask this judge to rule on Mr. Soetero’s eligibility too?

josephbc69
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Ditto and Amen!!

Anonymous
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Anonymous

Yes! 🙂

Judy
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Good news! God bless that judge.

john
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GOD bless U.S. District Judge Roger Vinson .

Doc's Wife
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Doc's Wife

Oh, happy day!!!! I have been in Atlanta all day, and my phone started ringing off the hook this afternoon. Our office and several of our children called as soon as they heard. Even though this is great news, do not underestimate BO–I’ll bet he is throwing things this afternoon.

DCG
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DCG

Not surprised cuz it IS unconstitutional. Let’s hope the Supreme Court rules the same way.

Thomas Morato
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Thomas Morato

So it goes to the SCOTUS. For some reason (without reason) these folks find that the law IS constitutional? Other than yet another sad day in the US, is that the final catalyst for a revolt? I don’t personally believe 60-70 percent of the folks are going to tolerate the overstep by the feds as if they can mandate the purchase of HC, then they can mandate the purchase of anything. Or… do the 26 states that filed the lawsuit pass their own laws which exempt their citizens from participating in the fed program? What is DC going to do,… Read more »

Zorro
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Zorro

This news has me grinning and keeping the faith that things will change.
Americans are ready to rumble! Enough is Enough.

hrmfc
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hrmfc

We know that the battle in the Supreme court will loom ahead but this decision is important for a number of reasons. Foremost it will provide our Republican Congressmen and women some backbone in their legislative battles. In addition the publicity created will keep the public aware so they don’t become complacent. Finally the corporate waivers list has grown exponentially and the publicity has not been positive for the Mr. soetero team. We can’t forget that the lawsuit included 26 states with two other states filing individual suits. Numbers matter. I also feel that the religious dichotomy created in the… Read more »

Joan
Editor
Joan

Yes, God bless Judge Vinson for his integrity, insight, intelligence and fidelity to our Constitution!