Another Federal Judge Rules Obamacare Mandate Unconstitutional
- Posted on September 14, 2011 at 7:34am by
Jonathon M. Seidl
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HARRISBURG, Pa. (AP) — The requirement in the national health-care overhaul law that individuals buy health insurance is unconstitutional, a federal judge in Pennsylvania ruled Tuesday in a question that the U.S. Supreme Court is widely expected to settle.
The ruling by Judge Christopher C. Conner in Harrisburg was issued in one of more than 30 lawsuits nationwide that have been filed over the 2010 law that is President Barack Obama’s signature initiative. It was filed by a Pennsylvania couple who do not have health insurance, but believe they would be subject to the mandate.
Conner, who was appointed to the federal bench in 2002 by President George W. Bush, said the mandate that individuals buy health insurance or pay a penalty starting in 2014 is an unconstitutional extension of authority granted to the federal government under the Constitution’s commerce clause.
“The nation undoubtably faces a health care crisis,” Conner said. “Scores of individuals are uninsured and the costs to all citizens are measurable and significant. The federal government, however, is one of limited enumerated powers, and Congress’s efforts to remedy the ailing health care and health insurance markets must fit squarely within the boundaries of those powers.”
The power to regulate interstate commerce, Conner wrote, does not include the power to dictate a lifetime of buying health insurance. Left standing, such a requirement would effectively sanction Congress’s exercise of police power, he wrote.
But Conner rejected an argument by the plaintiffs – a York County couple, Barbara Goudy-Bachman and Gregory Bachman – that the mandate is “disastrous to this nation’s future, such as the Bachmans’ prediction of America evolving into a socialist state. These suggestions of cataclysmic results … are both unproductive and unpersuasive.”
Conner said the Bachmans, who have two children and are self-employed, do not quality for Medicare or Medicaid, and dropped their coverage in 2001 because their premiums exceeded their mortgage payments. Since then, they have paid for their medical expenses in full, he said.
However, they contended that paying for health insurance is forcing them to reorder their finances. Specifically, the Bachmans have held back from buying the car of their choosing because they will be unable to make the payments when the insurance mandate goes into force, he wrote.
While most of the massive law can remain intact, Conner said, certain provisions are linked to the health insurance requirement and must also be struck down. Those provisions are designed to guarantee that insurance companies cannot discriminate against or deny coverage to the sick or people with pre-existing conditions.
Justice Department spokeswoman Schmaler said in an email that the agency believes, “as appellate courts have already held,” that the law is constitutional, but she did not indicate whether it would appeal the Pennsylvania ruling.
Separate lawsuits have already reached three appeals courts, with one of those courts, 11th U.S. Circuit Court of Appeals in Atlanta, ruling against the mandate in August.
Last week, a three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond, Va., rejected two lawsuits on technical grounds. In one, it ruled that the penalty for not buying insurance amounts to a tax and that a tax can‘t be challenged before it’s collected. In the other, the panel said the plaintiff, the state of Virginia, lacked legal standing to file its lawsuit.
In June, the 6th U.S. Circuit Court of Appeals in Cincinnati upheld the constitutionality of the insurance requirement, prompting an appeal to the Supreme Court by the plaintiff, the Thomas More Law Center of Ann Arbor, Mich.
The federal government has not responded to the law center’s appeal. And while it is widely expected that the Supreme Court will have the final say in the matter, the court has not indicated how or when it might act.
The Supreme Court will not meet again until early fall, and the earliest a health care case would be heard is early in 2012.




















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Comments (91)
boca_chica
Posted on September 14, 2011 at 9:22amIt makes me nervous that some judges are saying that this thing is constitutional. Did we just hire some judges from Iran? If this is the example of what some of the “legal” system is doing-I would suggest you don’t get arrested for spitting on the sidewalk, you may face 20 years.
Report Post »Obeckian1984
Posted on September 14, 2011 at 9:44amwas the Gardisal vaccine unconstitutional ?
His gubernatorial campaigns, for example, have received nearly $30,000 from the drugmaker since 2000, most of that before he issued his vaccine mandate, which was overturned by the Texas legislature.
Merck and its subsidiaries have also given more than $380,000 to the Republican Governors Association (RGA) since 2006, the year that Perry began to play a prominent role in the Washington-based group, according to data from the Center for Responsive Politics.
Perry served as chairman of the RGA in 2008 and again this year, until he decided to run for president. The group ranks among the governor’s biggest donors, giving his campaign at least $4 million over the past five years, according to Texans for Public Justice, a watchdog group.
Report Post »http://www.washingtonpost.com/politics/perry-has-deep-financial-ties-to-maker-of-hpv-vaccine/2011/09/13/gIQAVKKqPK_story.html
Viet Vet
Posted on September 14, 2011 at 11:10amBoca, there are alot of judges in this country who should not be judges, they are activist politicians. The Founding Fathers knew that the judiciary was the achilles heel of free republican government.
Report Post »db321
Posted on September 14, 2011 at 11:11amObeckian1984 – Let’s see – you have a photo of OJ Simpson, you copy and paste talking points from the Liberal Left Soros Organization, and you support a Social Justice group.
Let me guess who you are? You and your family are on Welfare, you think Obama Care is FREE, You can work – but you are not willing to work, and Obama is your Messiah.
In other words – you a useful idiot. Your are nothing more than a disposable lighter to this Administration and you better hope that Obama does not get what he wants.
Report Post »Caniac Steve
Posted on September 14, 2011 at 11:54amIf we took the time to go page by page we ssdly would find that some/few parts of the total package would be or are legal ..but the way congress and the president jammed it at & down america throat like caster oil..it left everbody with a bad taste in their mouths..and all walking funny too !!
Report Post »TheWholeTruth
Posted on September 14, 2011 at 12:29pm@DB321 Please let me get this straight. Because someone is trying to warn other‘s of Perry’s ‘establishment’ views and that it‘s the ’puppet masters’ that are guiding him, suddenly HE is a lazy, progressive or part of the sheeple herd? I would say that really, that makes you one of those sheeple who can’t think for themselves, investigate and digest informational facts and make an informed decision based on those facts.
Report Post »JRook
Posted on September 14, 2011 at 1:38pmIt is unfortunate that people waste incredible amounts of time on misinformation and constitutional questions regarding an attempt to address the health care crisis in this country. As far as the federal role in health care, virtually all of the post WWII hospitals were built under the Hill Burton Act, using federal funds. Medicare and Medicaid have underwritten many hospitals that would have gone under years ago if such programs were not available to pay for heath care facilities. Private insurance premiums are HIGHER due to subsidizing patients don‘t have insurance and don’t have the resources to pay. For all of his faults President Nixon was smart enough to look to the future and realize national health insurance was the only rational approach to paying for at least a core amount of health care for all citizens. There could be a second tier that individuals could choose to pay for or buy insurance to cover, similar to Medicare supplemental. People who can’t see that our current health care insurance and funding systems results in 20-30% of the money not being used for care should stay out of the discussion. Like our educational system people want to keep believing that our health care systems, measured in outcomes, is the best in the world. But similar to other social goods or services it is no better than its worst outcomes. Time for opponents to explain standing of US in world health measures. Don’t hear about many $150 million fraud cases in Canada.
Report Post »M100Spiral
Posted on September 14, 2011 at 2:33pm@CANIAC STEVE
When they put the bill together, we were informed that we would have to wait until after it passed to learn what was actually in the healthcare package. Many of us were extremely furious with their unconstitutional attitude.
Then, when it passed, some of us were expecting something condense into 500 pages or less. I was floored when I learned that the bill passed with 2,000 pages.
Apparently, all the representatives, as well as their brothers and sisters, used that bill to acquire specific items for each of their states. They were obviously not focused on the healthcare bill itself.
I bet if we did go through the actual bill—and I mean shortly after it passed, because, by now, it has been edited—page by page that we would have found some serious discrepancies in its final draft.
It was thrown together so unprofessionally.
Report Post »The10thAmendment
Posted on September 14, 2011 at 2:51pm@ Obeckian1984
Posted on September 14, 2011 at 9:44am
was the Gardisal vaccine unconstitutional ?
His gubernatorial campaigns, for example, have received nearly $30,000 from the drugmaker since 2000, most of that before he issued his vaccine mandate, which was overturned by the Texas legislature.
———————————————————————————————————————————
I’m a Constitutional Moderate. Yes, by any definition that law is Unconstitutional. It’s Statist in nature and against all the principles of Republican rule toward a free market enterprise. Crony Capitalism is socialism by another name. The Founding Fathers toward American Republicanism was established to restrain the Federal Government from impeding, or harming individual liberty. When a tyranny of any sort arises, 2 quotes from Jefferson should be viewed as a chain to restrain the Federal Government.
“The policy of the American government is to leave their citizens free, neither restraining nor aiding them in their pursuits.
No man has a natural right to commit aggression on the equal rights of another, and this is all from which the laws ought to restrain him.”
Jefferson further stated, “An elective despotism was not the government we fought for.”
Report Post »azitdad
Posted on September 14, 2011 at 3:41pmYes, the mandated Guardasil vaccine by Gov. Perry WAS unconstitutional, which is why it was struck down before it was implimented. HPV is a SEXUALLY transmitted disease. Why don’t we have mandatory vaccinations for Small Pox? Fortunately, I live in a state where vaccines are optional. I don’t have to flood my children with mercury laced vaccines.
Report Post »tower7femacamp
Posted on September 14, 2011 at 5:25pmThanks Obeckian I will use that link to inform Michelle Bachmann
Report Post »I don’t understand why our politicians are so timid and uninformed
maybe she can not understand the data ?
georgiavietvet
Posted on September 14, 2011 at 5:36pmjudges aren’t ruling by the constitution anymore. they are ruling according to their personal political persuasion. judges should not be appointed by a president. they should be voted into their position by the public, all the way up to and including the supreme court…………………………………
Report Post »faithkills
Posted on September 15, 2011 at 5:52pm@Obeckian1984
States have much broader powers than the federal government. I don‘t see anything against the US Constitution about Perry’s gardisil opt out program. It would have to violate an enumerated right for 14A to apply, and it doesn’t seem to.
It may or may not have been against the Texas Constitution, but I’m no expert on that.
Whether it was right or wrong, or politically wise or unwise, are different matters.
As a general rule it is very hard for any state official to violate the Constitution, since largely, the Consitution doesn’t apply to states power. The two exceptions are 14A and incorporation, and the primacy clause.
This is why States like California have been allowed to become the socialistic economic basket cases that they have. State’s have that power. The rationale is that people may always get fed up and leave. And so they are, hence the success of states like Texas.
Report Post »Mandors
Posted on September 14, 2011 at 9:17amIt’s funny how our political landscape changes. Back in the day, the idea that “The Man” could make you do something was offensive, especially to people on the left. Now, “The Man” is the left and it’s the right that is fighting for freedom from it.
Report Post »LewisLorenz
Posted on September 14, 2011 at 9:36amThat just proves that the Left is usually wrong.
Report Post »JLGunner
Posted on September 14, 2011 at 11:10amRemeber that these were the 60′s radicals that thought the U.S. was an evil empire and that we over consumed, holding the rest of the world back from developing. Now these dope smokin hippies are in charge and they are going to make thing right by agressivly pushing global redistribution of wealth. They have taken over our schools and are teaching students just how bad America is and undermining trditional American values.They believe that you should work for the state, not personal freedom. Yep, thats socialism/ comunism. The battle is between conservatism and socialism, good and evil.
Report Post »Viet Vet
Posted on September 14, 2011 at 11:13amThe left is usually wrong and their efforts counterproductive, because their desision making relies on emotion, hysteria, predisposition and junk science. For their leaders though, it’s intentional.
Report Post »Rayblue
Posted on September 14, 2011 at 9:17amThis administration has been undermining all the basic necessities a free and open society brings.
Report Post »Food (prices, shortages), Transportation (electric cars, gas prices), Medical care (Obama care),
Housing (foreclosure), and a slue of others.
We’ve been like lab rats to them. But the lab is being abandoned. The experiment was a failure.
They’re trying to cover up the results. We‘re not out yet but they’re leaving us alone to regroup
and kick open a few doors. Bust out the jams. Set off a fire alarm or two. Break a window and let some air in for a change.
melving
Posted on September 14, 2011 at 9:27amI liked your analogy and agree whole heartedly………
Report Post »IMCHRISTIAN
Posted on September 14, 2011 at 9:13amGood for Judge Connor and I hope if and when it goes to the Supreme Court they will do the same. We know to that most of the paying people are also very unhappy about being forced to have to pay a lot taxes and/or a lot of other things that are in the bill. I still don’t understand all the exemptions (including Government) given to some and yet the rest could be forced to have the plan.
Report Post »rfycom
Posted on September 14, 2011 at 9:56amSorry but Christians cannot be Republicans.
Report Post »HuskerDave
Posted on September 14, 2011 at 10:41amRFYCOM. Your comment is not only ludicrous, but offensive.
Report Post »ColoradoMaverick
Posted on September 14, 2011 at 9:12amObamacare: Good or Bad? Well, I just got yet another notice from my private sector employer stating that we should expect higher premiums and co-pays starting next year and less coverage. I thought Obamacare was supposed to lower healthcare costs according to the liar in chief? Actually, I never bought into this. I work in the insurance industry and see first hand how federal regulations do nothing but increase costs in everything.
Report Post »Codger
Posted on September 14, 2011 at 9:08amWe are rapidly accelerating towards a frightening nexus power struggle in our country and around the world.
Report Post »GERATMO
Posted on September 14, 2011 at 9:07amObama care is just another unsustainable entitlement program that will bankrupt this country.
Report Post »love the kids
Posted on September 14, 2011 at 8:56amThis is unconstutional, everyone knows that. But Dems think it’s merrits “Outweigh” the rights you have. The problem is that others will use this down the road to gain greater control of citizens.
Report Post »Although some will suffer without federal health insurance, others will suffer because of it, just nobody tells their stories. Freedom comes at a price.
Servant Of YHVH
Posted on September 14, 2011 at 9:22am#1 freedom is a freedom, it NEVER comes at the price of having your freedom taken away!
#2 “The problem is that others will use this down the road to gain greater control of citizens.”
Report Post »Actually the dems don’t care anything at all about merits or whether or not it outweighs or freedoms. These communists only care about instituting and using it right now and not down the road to gain greater control of citizens. The people that have passed this thing are lower than a slug and ten times as stupid. I know the churches these “people” go to are dead churches because as God says, that if there is one among you in the church that does things against the people and against Him they are to be thrown out of that church or God will not remain there any longer. (PARAPHRASED) There a number of dead churches that are pretending that God is still there but He hasn’t been anywhere near there for a long time. It is the churches responsibility to kick these people out of their church, they have to decide if they want these anti-American and anti-God “people” to be members or for God to be their leader. But they cannot have both.
Pappaw
Posted on September 14, 2011 at 8:49amTHE day of reckoning is coming for this pervasive, corrupt lib/socialist ideology in America…obama needs a term in Federal prison for the boots on the ground in Libya and for rubber stamping the ‘Fast and Furious’ RICO plot…let bubba ream that butt a few years, then deport him back to Kenya…
Report Post »OhSuzieQ
Posted on September 14, 2011 at 8:57amPappaw, I sooo agree with you!!
Report Post »Vsshooter
Posted on September 14, 2011 at 8:42amI’m with BILL ROWLAND, watch the unions riot in the streets come September and October nest year. He will then declare MARTIAL LAW and there will be NO ELECTION held. I’ve been saying this for months. He thinks that he is above the law. It will be up to WE THE PEOPLE to show him otherwise.
Report Post »marthasusan40
Posted on September 14, 2011 at 10:45amOh I wish I could say that you are wrong, but it seems that this administration is Hell bent on bankrupting us sooner than later, like they have no regard for the election, like there is not going to be an election…I’m with you, I believe, they will turn off the internet, declare martial law and start rounding us up.They will have a the fight of their lives…there are more of us willing to fight for our freedom than they are counting on. Once they are exposed they will also loose support from those currently on their side.
Report Post »SamIamTwo
Posted on September 14, 2011 at 8:24amDie.
Report Post »SamIamTwo
Posted on September 14, 2011 at 8:28amWow they spam was removed really fast that time. LOL
Report Post »SamIamTwo
Posted on September 14, 2011 at 8:30amI still want an edit button…“the” instead of “they” sheesh.
Report Post »UBETHECHANGE
Posted on September 14, 2011 at 8:31amYou are a sick person. Go away troll.
Report Post »Bill Rowland
Posted on September 14, 2011 at 8:24amAs Obumbler drops lower and lower in his approval ratings he acts more and more like a spoiled child who is getting ready to have a hissy fit. His helpers are stirring up their constituents to riot, to loot, to attack whitey. We must be aware and watch for the signs of his attempted take over and declaration of Martial Law. Suspension of congress and the courts will follow.
Stock up on feed and ammo – lock and load.
Now report me to Obumblers sight – I not only dislike the man I fear his politics and what he is doing to our country.
Pray for our President – Psalm 109:8
Report Post »JLGunner
Posted on September 14, 2011 at 8:17amThey can’t force this if we the people unite and refuse to go along with it. They can’t coral us into cattle cars, we’re armed.
Report Post »one years food ration like glenn says
Posted on September 14, 2011 at 8:20amWhat the hell are they doing ? According to Al West you shouldn‘t strike down obamacare piece by piece if it’s not all, it’s nothing… This is just stupid.
Report Post »SamIamTwo
Posted on September 14, 2011 at 8:27amI agree…that one part, the mandate to either pay for it or pay a penalty, was integral to the funding of the whole so it all should fall apart.
It’s a bloody formula…can’t these Judges see that?
Report Post »TomFerrari
Posted on September 14, 2011 at 10:04amI’m no lawyer, but, I understand that a contract that is not enforceable in part, is void in its entirety.
(If part of the contract is “bad” or “illegal”, then the entire thing is null and void.)
Like I said, I’m no lawyer – just an armchair legal quarterback.
If that doesn’t work, try some “Magna carta, res ipsa loquitor… Quid pro quo, and habeas corpus!”
LOL
GONNA be struck down.
Report Post »It’s gonna take the next President at least a YEAR to unwind all the unconstitutional crap this one has tried to foist upon us. (INCLUDING replacing all the heads of agencies that are merely lapdogs and legislating through regulations.) We also need to be really strong and focused on congressional and senatorial races. Having majorities in both houses is what our next President will need to truly FIX all this mess.
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Ialmostforgot
Posted on September 14, 2011 at 8:15amHere’s the deal for me. Its wrong, its wrong, its wrong! I will not obey it! I believe the constitution requires me to fight against this kind of ‘government gone awry’ and to use the 4th amendment to do so if needed. I don’t need the SCOTUS to tell me its unconstitutional. I already know it is. And they need to know I will not obey!
Report Post »NuffSaid
Posted on September 14, 2011 at 8:22amGood stuff, Almost. You are absolutely right.
I almost forgot too.
Report Post »burr99
Posted on September 14, 2011 at 8:09amYes!
The voice of reason may yet be heard!
Report Post »GO-FOR-LIBERTY
Posted on September 14, 2011 at 7:58amThe big 0 is having a really bad week so far. Folks laughing at his plan, loosing “safe” seats in Congress, Turky is a turky and now this——-GOOD!!!!!!
Report Post »marhee9
Posted on September 14, 2011 at 8:04amI agree, actually he’s having a bad term. This Obamacare situation needs to just get to the Supreme Court on a fast rail. We all know that‘s where it’s going to end up. I can‘t believe how many people don’t understand how important this ruling is to our freedom. It really has very little to do with healthcare at this point. It’s about whether Americans want the government to have the ability to force you to buy something. Period. http://www.youtube.com/watch?v=PKZhaEFA1Yk
Report Post »ScreaminEagle
Posted on September 14, 2011 at 8:11amBig thanks Judge from the Patriots in America
Report Post »DagneyT
Posted on September 14, 2011 at 7:56amWhat are the chances this will make it to SCOTUS before zero is booted out of office? Keeping my fingers crossed, with prayers added.
Report Post »ashestoashes
Posted on September 14, 2011 at 8:05amFederal Judge Christopher C. Conner …An hoorable decision….Thank you Sir.
Report Post »progressiveslayer
Posted on September 14, 2011 at 7:54amScotus will strike down the Marxists law 5-4, and Barry is a disgrace to the office and he’ll lose in a landslide,bye bye Barry.
Report Post »Littlebit1776
Posted on September 14, 2011 at 7:52amThis and how many outher things this man done to this country are unconstitutionnal. If we the people do not stop him this will be the end of USA as we know it.
Report Post »NuffSaid
Posted on September 14, 2011 at 8:10amWelcome to the party Littlebit. You are right on the money!
Thank you.
Report Post »Amherst Patriot
Posted on September 14, 2011 at 7:51amWhile this case declares the individual mandate in Obamacare to be unconstitutional, a ruling last week by the Fourth Circuit Court of Appeals affirms the constitutionality of the health care law.
Report Post »But worse than that, it says that states cannot protect their citizens from the federal government
Check it out here: http://www.southernnh912.com/content/states-cannot-protect-their-citizens-federal-government
Judge Diana Gribbon Motz of the Fourth U.S.Circuit Court of Appeals, in a decision affirming Obamacare as being constitutional, ruled that the State of Virginia had no legal standing since “the state itself wasn’t burdened by the individual insurance requirement”.
The ruling goes on to state that:
“a state possesses no legitimate interest in protecting
its citizens from the government of the United States”.
If a state cannot protect its citizens from the federal government then who can?
http://www.myfoxtwincities.com/dpps/news/federal-court-tosse...
NancyBee
Posted on September 14, 2011 at 7:51amThanks…Judge Conner!
Report Post »NOTAMUSHROOM
Posted on September 14, 2011 at 7:50amNotice how the judge still threw a bone to the administration
Report Post »rangerp
Posted on September 14, 2011 at 7:58ameveryone is jostling for a position in the impending socialist take over
Report Post »JLGunner
Posted on September 14, 2011 at 8:10am@ Rangerp I’m afraid that we are heading in that direction. Thank God for the Second Amendment.
Report Post »NuffSaid
Posted on September 14, 2011 at 7:50amYou know what? Scores of individual have always been uninsured. I am uninsured. Lot of people don’t care if they are uninsured. I just don’t need a doctor very often. I’ve pissed a thrid on my salary away for 40 years paying for something I used maybe three times. I am not stupid. Americans are not stupid.
But Hon Conner-you’re a peach! Have a great day.
Report Post »rfycom
Posted on September 14, 2011 at 9:55amNUFFsaid, when you are lying on the ground looking up and dying. Keep your ass at home and do not go clog up the hospital while we are paying to save you. Makes no difference if we pay through Obamacare or we pay in higher local taxes and higher insurance rates. I do not want to have to worry about you.
Report Post »PIGSWILLNEVERFLY
Posted on September 14, 2011 at 10:02amRight ON! Thank You JUDGE!!! I avoid doctors and lawyers. WHICH MAKES ME A RESPONSIBLE CITIZEN….I take responsibility for my health and i obey laws and don’t go around suing people so my exposure to either of these professions can be as limited as possible. Life is what YOU make it; Life can be simple. A Moral and Responsible person = Freedom to Choose. I choose God Given Rights over any temporal, so called, civil rights! Which then, “they” choose, to give or take away. Man must learn, again, to rule himself and set the example others will want to emulate because it is Good.
Report Post »Snowleopard {gallery of cat folks}
Posted on September 14, 2011 at 7:49amExcellent, yet the true test will be when it reaches the Supreme Court; somehow I see the admin will try to pull out all the stops to force one or more conservative justices to recuse themselves, to make sure the measure stays the law of the land.
Report Post »RepubliCorp
Posted on September 14, 2011 at 8:59amThey will tell him to take a walk……
Report Post »MHP
Posted on September 14, 2011 at 7:48amWell I Said SCOTUS would overrule the law eventually, and encinom is wrong on his ‘fact’ it’s “Constitutional” It is not, and people will NOT buy into it, no matter how much of a police state Obama and you bring.
Report Post »biohazard23
Posted on September 14, 2011 at 8:15amEncinom is wrong period.
Report Post »abbygirl1994
Posted on September 14, 2011 at 12:59pmEncinom is always wrong!! He is a liberal plant.. Ignore him!!
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