Florida Federal Judge Rules ‘Entire’ Health Care Law Unconstitutional
- Posted on January 31, 2011 at 3:00pm by
Jonathon M. Seidl
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A federal judge in Florida has ruled that the president’s health care overhaul, “Obamacare,” is unconstitutional.
The judge based his ruling on the law’s mandate that citizens must purchase health care, a requirement he said violates the Constitution. The ruling affects the 26 states who had joined together to file a case against the law, yet still has implications for the entire country.
U.S. District Judge Roger Vinson ruled Congress overstepped its bounds by instituting the individual mandate, but also said the entire law was unconstitutional since the individual mandate is not “severable,” Fox News reports. Vinson did not go as far as to issue an injunction blocking the law from being implemented.
“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 in the 78-page ruling.
“Because the individual mandate is unconstitutional and not severable, the entire act must be declared void,” he added.
“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. Rather, it is based solely on citizenship and on being alive,” he wrote.
House Speaker John Boehner (R-OH) responded on Monday via a written statement.
“Today’s decision affirms the view, held by most of the states and a majority of the American people, that the federal government should not be in the business of forcing you to buy health insurance and punishing you if you don’t,” he said.
Paul Howard, director of the Center for Medical Progress at the Manhattan Institute, tells The Blaze the Democrats might actually be to blame for the judge’s conclusion.
“Ironically, the law may become a victim of Democrats rush to pass it, since legislators neglected to include a severability clause,” he wrote in an e-mail. “As a result, Judge Vinson was forced to invalidate the entire statute.”
Last month, a federal judge in Virginia also ruled that the individual insurance mandate of the Obamacare was unconstitutional. That judge, however, did not go as far as to say the entire law was unconstitutional.
The ruling is just one more example of why the law is unpopular, and why it faces an uphill battle before being fully implemented in 2014. For example, just last week the House of Representatives repealed the law. Still, despite the ruling in Virginia and the House’s actions, the president doubled-down on his support of the bill last week, defiantly brushing aside those who question the overhaul.
“You may have heard once or twice this is a job-crushing, granny-threatening, budget-busting monstrosity,” Obama said. “That just doesn’t match up to the reality.”
“I can report that Granny is safe,” he quipped.
The Florida case is likely to go to the U.S. Supreme Court, especially considering this is the fourth federal ruling on the president’s health care overhaul. Besides the Virginia decision, two other federal judges have ruled in favor of the insurance mandate.
This is a breaking story. Updates will be added. The Associated Press contributed to this report.
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Comments (453)
kickagrandma
Posted on January 31, 2011 at 3:16pmHELLO, FREEDOM!!! RING THOSE CHURCH BELLS, AMERICANS!!!
You go, AMERICA! By GOD’S grace, we will pull out of this mess.
Report Post »Killa From Wasilla
Posted on January 31, 2011 at 4:10pmSo if someone can’t get a job with insurance, and he has a preexisting condition, then he deserves to either die young since he can’t afford medical procedures.
Very christian of the people on the right.
Report Post »The people on the right are nothing but hypocrites.
AKMIIKEUS
Posted on January 31, 2011 at 4:22pmThis doesn’t mean anything. It is important to note that several federal judges have already found the law constitutional.
You would think that these idiots in the red states would let Congress and the Senate do their jobs and try to work this out instead of spending millions in trying to stop Obamacare.
Oh well, it’s only the Tax payers money from red states being wasted.
Report Post »designbyinspiration
Posted on January 31, 2011 at 5:09pmK from W: And it’s SOOooo entirely Christian to FORCE everyone to pay for others through the law, instead of their individual kindness? Pulease.. Christ would admonish each of us to help others, and this bill takes away that individual responsibility and opportunity for kindness. You cannot legislate morals, appreciation, nor kindness. Proven throughout time. And also, you miss the point of 2 Thessalonians 3:10. Help others, but if they WILL NOT stand on their own two feet, they need to learn a lesson. Individually.
Report Post »Tickdog
Posted on January 31, 2011 at 3:16pmHaving Obumma as president is unconstitutional…
Report Post »kickagrandma
Posted on January 31, 2011 at 3:27pm@TICKDOG~~~ You are so right!
Report Post »Cape_Lookout_RW_Extremist
Posted on January 31, 2011 at 3:38pmBet Shep Smith didn’t like that!
Report Post »Crainial Access
Posted on January 31, 2011 at 5:46pmExactly! Barry fails to meet the requirement of being a natural born citizen. His father was British. Doesn’t matter where he was born. The constitution is specific about the President and Vice President being natural born citizens. Representatives and Senators need only be citizens.
Report Post »docgreen
Posted on January 31, 2011 at 3:15pmI think Obama’s been playing Sim City to much! he’s brain dead from it! If Obama gets the boot in 2012, do you think he’ll still be set to head the New World Order like they want? Or is done?
Report Post »read this
Posted on January 31, 2011 at 3:14pmWhen do I get my money back?
Report Post »Hanny
Posted on January 31, 2011 at 3:23pmi was just thinking the same thing lol
Report Post »Inuyasha
Posted on January 31, 2011 at 3:57pmyeah, will I get my extra 70% that I’m paying given back? Or how about even be allowed to go back on my old plan I had before the new law struck it down as an invalid plan for 2011, it was cheaper and had waaaaaay better coverage.
Report Post »omni
Posted on January 31, 2011 at 3:13pmWhat’s to keep these zealots from ammending the law to rescind the mandatory contribution, then apply a tax increase to cover health care as a “necessary” for public wellbeing?
Report Post »FIREDUDE
Posted on January 31, 2011 at 3:37pmGreat point…. If anybody for one minute thinks this is OVER they are crazy….
The left outway us by 1 vote in the supreme court so hold on to your britches….
Trust ME I DO NOT WANT OBAMA CARE!!!!!!!!!!!!
REMEMBER THEY WILL FIND WAYS TO REWORD THIS AND PUT IT BACK IN!!!!!!!!!!!
Report Post »Dale
Posted on January 31, 2011 at 3:42pmThe only way it works is if they get the money. The only way to get people to take out this kind of policy is to force them. Anyone who valuing freedom will flee it. The only way to make it work is to force everyone into it.
Report Post »Dale
Posted on January 31, 2011 at 4:26pmFIREDUDE;
It may not be over, but it is OVER. When the Supremes see that at least 27 *I know that is less than half of barry’s 57* States are against obomberscare, and other States are planning implementing nullification; they will not rule for it. The House is working on overturning, de-funding and dismantling, piece by piece – if necessary, the law. If they rule it Constitutional, they will be saddled with it forever.
Report Post »decendentof56
Posted on January 31, 2011 at 4:52pmOmni
Report Post »You can expect the anti-American, anti-Capitalist forces to try something. How about…..Deamonizing and Marginalizing (Sol Alinsky)?
They will vilify anyone who opposes this act against our Constitution. Be prepared to stand tall and respond with facts.
The Fed Gov has NO AUTHORITY to enact mandatory healthcare legislation. There is not one thing in the Constitution that gives the federal gov that right.
The tenth amend says:
“The powers NOT DELEGATED TO the United States by the Constitution,nor prohibited ‘by it’ to the States, are reserved to the States respectively, or to the people.”
Dale
Posted on January 31, 2011 at 5:24pmOmni;
In my joy, I missed your comment’s thrust. Having read part of the ruling, and including it here; however, may help you relax a little (I know we are not out of the woods yet);
On page 42 of the 78-page decision, the Judge wrote:
“It would be a radical departure from existing case law to hold that Congress can regulate inactivity under the Commerce Clause. If it has the power to compel an otherwise passive individual into a commercial transaction with a third party merely by asserting — as was done in the Act — that compelling the actual transaction is itself “commercial and economic in nature, and substantially affects interstate commerce” [see Act § 1501(a)(1)], it is not hyperbolizing to suggest that Congress could do almost anything it wanted. It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place. If Congress can penalize a passive individual for failing to engage in commerce, the enumeration of powers in the Constitution would have been in vain for it would be “difficult to perceive any limitation on federal power” [Lopez, supra, 514 U.S. at 564], and we would have a Constitution in name only. Surely this is not what the Founding Fathers could have intended. “
Report Post »Jaiden73
Posted on January 31, 2011 at 3:13pmThank God! I had a good feeling that Obamacare was going to be ruled against. Anyone with half a brain knew from the start that it was out of line.
Report Post »Edgar Bennet
Posted on January 31, 2011 at 3:12pmBut I want to be a musician and pursue my dreams :(
Report Post »decendentof56
Posted on January 31, 2011 at 4:55pmWork a job with benefits, and play music at night. Thousands have done it.
Report Post »suzy000
Posted on January 31, 2011 at 3:11pmThis is great….they must be really P.O. about now inside the white House. I am loving it!!!
Report Post »rayban5016
Posted on January 31, 2011 at 3:11pmAnother one bites the dust….Yeah!
Report Post »Gail
Posted on January 31, 2011 at 3:11pmYeah! On to the next step!
Report Post »Liberty Honor
Posted on January 31, 2011 at 3:10pmIt is take a look at the mess you created Prof. Obama
Report Post »jColes
Posted on January 31, 2011 at 3:36pmLiberty…I seldom can find anything in your posts to pick at, but today is mite different — Mr. Obama was not a professor…he was an adjunct instructor…a part-timer who taught the most basic — as in non-analytical — constitutional course for first-year law students…It is a course that any lawyer should be able to teach…nothing special in it…and he’s not a special guy…Unless ‘special’ is used in the same way as it is in ‘special education’…:-)
I’m just having some fun…teasing just a bit…I enjoy your posts!
Report Post »docgreen
Posted on January 31, 2011 at 3:10pmFor right now, one step closer to clsoing him down! I know where he can find a great job! People, would probably love him, and accept him with open arms! Egypt! He can find them green jobs!….
Report Post »God-N-Guns
Posted on January 31, 2011 at 3:08pmI am so proud to be a Florida 9.12 who worked so hard to get people like Attorney General Pam Bondi and Gov Rick Scott Elected. We have one this leg of the fight, however it not even close to being over. The fight has just begun.
Report Post »butler180
Posted on January 31, 2011 at 4:13pmThe American People are with you and I will keep you in my prayers
Report Post »Chicago Ray
Posted on January 31, 2011 at 3:08pmBoooya Barry….
Report Post »dwh320
Posted on January 31, 2011 at 3:08pmYeah !!! Obamacare is DOA.. But the battle is far from over.
Report Post »AKMIIKEUS
Posted on January 31, 2011 at 5:49pmFlorida, the State that just elected a Governor whose company was fined $1.7 BILLION dollars for Medicare fraud.
Report Post »BlazingInSC
Posted on January 31, 2011 at 6:40pm@AKMIKEUS – You do realize that this lawsuit was a class action suit brought on by multiple states and individual entities right? I mean, being the brilliant person you are, you surely either read the judgment or knew the facts of the case right? Also, what’s with the “How Christian of you” statements all over this post? Those who support Liberty accept and adopt all different beliefs (or non-beliefs). Ayn Rand was an atheist. The ideas of personal liberty and individual rights is not an exclusive lock held by Christians… You are either a very misguided person or just a crappy troll wannabe. meh – whatever.
Report Post »historyguy48
Posted on January 31, 2011 at 3:06pmGranny is safe only if the bills these marxists clowns are discarded. Otherwise, she is toast.
Report Post »Hefsmaster
Posted on January 31, 2011 at 3:40pm“You may have heard once or twice this is a job-crushing, granny-threatening, budget-busting monstrosity,” Obama said. “That just doesn’t match up to the reality.”
“I can report that Granny is safe,” he quipped.
Granny may be safe but it is still a job-crushing, budget-busting monstrosity…
Report Post »My Two Cents
Posted on January 31, 2011 at 4:06pmI can report that both of my grandmothers would have told BHO where to stick his health care bill.
Report Post »SingerGuy
Posted on January 31, 2011 at 3:05pmWhoever was in charge of buying off the judges must have missed one. :-)
Report Post »chuck
Posted on January 31, 2011 at 7:59pmtwo…another in Richmond, Va did the same, except let the law stand until SC…Va has a successful formula and that is ahead of this decision, which is great, more the merrier! Strike em all down…every stinking progressive law they’ve passed in the last 100 years!
Report Post »dwh320
Posted on January 31, 2011 at 3:05pmYeah !!! Obamacare is DOA.
Report Post »AKMIIKEUS
Posted on January 31, 2011 at 4:28pmVery Christian of you.
Last time I checked Obama care is still law. So this means nothing.
Report Post »taebaggranny
Posted on January 31, 2011 at 4:47pm@ AKMIIKEUS What’s with the “How Christian of you” comments?? If you are trying to be saracastic you missed the mark..Just sounds stupid to me!!
Report Post »armorbearer
Posted on January 31, 2011 at 5:51pmWe may indeed pull out of this mess, but not because of this decision. Obama continues to ignore the Constitution, so what is it to him to ignore a ruling by the Judicial branch. He will ignore them as well when it’s decisions are not to his liking. The good guys play the rules…the bad guys, not so much…not at all.
Report Post »GOTT-EM-MAUSER
Posted on January 31, 2011 at 9:11pm@ARMORBEARER,
You are 100% correct. None of this will ever be “Settled” in a Court Room nor a Legislature. We are way too far gone for that now. It WILL eventually be settled in the streets and the country side, by men with Rifles, not Pen and Paper. The Second American Civil War is now well underway, we shall see WHO PREVAILS in that undertaking.
Report Post »missionarydad
Posted on January 31, 2011 at 3:04pmYes this is great news hopefully this along with the previous ruling will be the beginning to the end of this terrible bill. We just need to stay vigiliant and keep holding our elected officials feet to the fire on this.
Report Post »JohnnyRocket
Posted on January 31, 2011 at 3:04pmYes! Yes! Yes, we can – stop OBAMACARE!
Report Post »Killa From Wasilla
Posted on January 31, 2011 at 4:08pmSweet! I hope this means I no longer can be required to buy auto insurance!
Now i can just cross my fingers!
Report Post »taebaggranny
Posted on January 31, 2011 at 4:40pm@ KILLA_FROM_WASILLA That’s right!! they did compare this whoombah to car insurance..Whooodoggies…
Report Post »decendentof56
Posted on January 31, 2011 at 4:56pmNo, killa. This was about healthcare, not auto insurance.
Report Post »Bob_R_OathKeeper
Posted on January 31, 2011 at 5:19pmKilla From Wasilla – You don’t have to drive, doubt you are old enough anyway, kid.
Report Post »Psychosis
Posted on January 31, 2011 at 3:04pmgranny is safe in spite of you obama
woot one more for the good guys , hopefully this will stand all the way through the supreme court
Report Post »AKMIIKEUS
Posted on January 31, 2011 at 4:26pmHow Christian of you.
Report Post »Mrs. McPea
Posted on January 31, 2011 at 3:04pmAwesome. What’s next?
Report Post »docvet
Posted on January 31, 2011 at 3:31pmEverybody else, besides judges, reading the entire 2000 pages of the bill. Yeah, that’ll happen. At least someone is reading the whole thing.
Report Post »Snowleopard {gallery of cat folks}
Posted on January 31, 2011 at 4:11pmSimple, we push back the progressive damage built over the last century one step at a time; and we take back the country. All of America needs to stand togeather now with the mess coming in the days ahead.
Report Post »NickDeringer
Posted on January 31, 2011 at 3:03pmWaaaaaahooooooooooooooooooooooooooooooooooooooooo!!!
Professor O’Barry could not be reached for comment because he was in the basement of the Capitol shredding some old documents.
Report Post »cheezwhiz
Posted on January 31, 2011 at 3:36pmIn the Whine House
Report Post »The lefty Whine House
Obambi weeps tonite
:P
NickDeringer
Posted on January 31, 2011 at 3:52pm@cheezwhiz
The gods of the copy book headings are not happy today.
Report Post »Snowleopard {gallery of cat folks}
Posted on January 31, 2011 at 3:59pm@Nick
So the flurry of shredded papers is what is causing the massive snowstorm over the white house? Ah now the plot thickens…
Report Post »decendentof56
Posted on January 31, 2011 at 4:38pmLets all not get over-confident. I agree this is a good day, but these pro’s will not go away withouy a real fight. Now the usual suspects will spin it in the usual way.
Report Post »timej31
Posted on January 31, 2011 at 3:03pmAre you serious? LOL
Report Post »Hefsmaster
Posted on January 31, 2011 at 3:36pmWe all knew this long ago…
Report Post »taxed
Posted on January 31, 2011 at 4:02pmHere is where the libs accuse the judge of being an activist judge.
This is a good day!!!
http://conservativepoliticalforum.com
Report Post »Dale
Posted on January 31, 2011 at 3:03pmIt’s still an uphill battle, but we just won another battle.
Report Post »NoMoreGray
Posted on January 31, 2011 at 3:06pmThis judge just said the mandate is inseparably connected to the law, so the whole thing is thrown out. Yet again the judge seems to let politics get in the way of fully carrying out justice. They say that because the mandate does not take effect until 2014 there is no immediate damage and therefore no need to immediately stop the laws implementation. The fact the judges seem to miss is that the law he just struck down is causing services to change and cost (premiums) to go up now. It also stops the construction of private hospitals. Not to mention the amount of money being spent by the Gov (our money) on the propaganda to promote Obamacare. All of this affects us right now, so I am confused why such intelligent people cannot discern this.
Report Post »geminisailor
Posted on January 31, 2011 at 3:06pmThank GOD!
Report Post »hifi74
Posted on January 31, 2011 at 3:08pmThank God there is still some sanity left in the system.
Report Post »Showtime
Posted on January 31, 2011 at 3:12pmHIP-HIP-HOORAY!
I just emailed Jonathan a compliment on how quickly he got this story up! He deserves a RAISE!
Report Post »Edgar Bennet
Posted on January 31, 2011 at 3:13pm:O How can he say one thing and then … disregard evthing
Report Post »Curator_JDR
Posted on January 31, 2011 at 3:13pmGod bless the judge. My health care premiums really shot up last year. I hope this helps inject sanity into the health care market. First the November elections. Now potential health care repeal. Are Americans taking back our country? Next we have to throw all the gov’t criminals in jail like the good people of Hairmerica in this very funny animated satire with the “head-up-the-butt” people. http://www.marcrubin.com/hairmerica.ivnu
Report Post »BMartin1776
Posted on January 31, 2011 at 3:15pmHow many of these does DC need to see to understand they crossed the line?
Oh wait the rules dont apply to them and they bend the rules to work in their favor. The keep arguing Commerce Clause gives them the power to do anything they want.
Someone needs to remind those dolts in Congress that passed this that the Constitution was created to limit their power not increase it as they attempted with this bill. I know I know Chairman O is a major problem since he thinks the Constitution is a charter of negative liberties but if we can at least get the vote through Senate for history it will be enough… for now.
That law will never be defeated until the progressives on both sides are removed from power.
Time to take the gloves off and stop paying their game http://www.savingtherepublic.com
Report Post »mrzmac
Posted on January 31, 2011 at 3:16pm@ nomoregray…
Report Post »Thank you…no one seems to realize that every single day the federal government is hiring staff (think IRS), denying services, dictating insurance policy coverage based on this law. Every day this law is allowed to move forward we become that much closer to losing our entire healthcare system. We need changes made in the health care system but they have to be changes that will help!
missionarydad
Posted on January 31, 2011 at 3:20pmYes Great job Jonathon you really got this story up quickly, I was coming to the Blaze to send in the tip and the story was already up. I am very proud as a Floridian today that we along with 26 other states are not going to just roll over and take this abuse from The Obama administration and the Federal Government.
Report Post »encinom
Posted on January 31, 2011 at 3:21pm@BMartin1776
I am sorry but two politically motivated decisions, by tainted judges do not over turn the law. The tea-baggers lost earlier court battlers and the VA decision is considered a truly bad ruling that must be overturned, even by scholars from the Federalist society.
But, tea-baggers, keep are bowing before your corporate masters and condem your other citizens to death and illness.
Highland
Posted on January 31, 2011 at 3:24pmGranny is grateful, Obama (although she probably won’t live long enough, given the many appeals to follow).
Report Post »wildbill_b
Posted on January 31, 2011 at 3:26pm@nomoregray
There reason the judge can not grant the injunction regardless of what the effect MAY be is because the cause has not ripened. If something is not actually enforced (yet) you can not issue an injunction to stop it (since it does not exist yet). As much as he may want to adjudicate on the matter that would be asking him to violate the Constitution to carry out.
“Ripeness:
The mandate contained in Article III of the Constitution that requires an appellate court to consider whether a case has matured into a controversy worthy of adjudication before it can hear the case.
An actual, current controversy worthy of adjudication must exist before a federal court may hear a case. The court determines if a controversy between parties with adverse legal interests is of sufficient immediacy and reality to warrant judicial intervention (Lake Carriers‘ Ass’n v. MacMullan, 406 U.S. 498, 92 S. Ct. 1749, 32 L. Ed. 2d 257 [1972]).”
But they will. :) People are finally starting to pay attention to what is “constitutionally” allowed. Remember the People are the ones with all the power. They may have forgotten this over recent decades but they are starting to relearn.
Report Post »solaveritas
Posted on January 31, 2011 at 3:30pmReasons to repeal Obamacare
1. It is a dishonorable law passed by:
a. rejecting input from Republicans (totally partisan)
b. bribed Senators to get votes (Louisiana purchase, Nebraska kickback)
c. lied to Representatives re: application of executive order re: no use of funds for abortion
2. It is a law passed against the will of the people (polls showed less than 50% support
3. It is a law passed to ignore the vote of the people (Mass. Senatorial election)
4. It is a law passed with abuse of legislative process (Reconciliation)
5. It is a law passed with abuse of CBO calculations, by assuming false facts.
6. It is a law passed with legislative dishonesty (taking medicare doctor fix out of the equation)
7. It is unconstitutional because:
a. It has a mandate of policy purchase or penalty
b. It has a mandate of state expenditures
c. It is not authorized under the constitution, taking a state’s authority (10th amendment)
8. It is already shown to be a job-killer, as the hundreds of waivers demonstrate
9. It is a law unequally applied (other companies did not get waivers).
10. It is a law that has FAILED EVERYWHERE it has been passed.
11. It is a law that will crush our economy through increasing our federal debt.
Can our President count? Are these enough for him?
Report Post »Darmok and Jalad at Tanagra
Posted on January 31, 2011 at 3:33pmConstitution! CONSTITUTION!! I DON’T NEED NO STINKIN CONSTITUTION. BHO.
Report Post »Redd
Posted on January 31, 2011 at 3:33pmJudge: “Obamacare is unconstitutional.” WHouse: “I want a second opinion.” Judge: “Okay. It’s stupid, too.”
Report Post »Edgar Bennet
Posted on January 31, 2011 at 3:36pmSo I just read the Judge’s summary judgment. At the end Judge Vinson quotes Obama himself;
We live in a time
when the lines between law and politics have been
purposefully blurred to serve the ends of the latter. And,
when we, as courts, have not participated in this most
perniciously machiavellian of enterprises ourselves, we
have acquiesced in it by others, allowing opinions of law
to be dismissed as but pronouncements of personal
agreement or disagreement. The judicial decision making
contemplated by the Constitution, however, unlike at
least the politics of the moment, emphatically is not a
function of labels. If it were, the Supreme Court assuredly
would not have struck down the “Gun-Free School Zones
Act,” the “Religious Freedom Restoration Act,” the “Civil
Rights Act of 1871,” or the “Civil Rights Act of 1875.”
And if it ever becomes such, we will have ceased to be a
society of law, and all the codification of freedom in the
world will be to little avail.
Reading his own words you see his drive from a young age to know his enemy inside and out
Report Post »beekeeper
Posted on January 31, 2011 at 3:39pmThe single biggest mistake the Dem’s made when they rushed this 2,000 page bill through the House and Senate is thay forgot to include the ability to remove sections of the law without invalidating the rest of the law. As the judge in this case noted:
“Because the individual mandate is unconstitutional and not severable, the entire act must be declared void.”
If they allowed for portions to be struck down and the rest of the bill remained, this would be a very different kettle of fish. Not sure if it was the arrogance or haste of the lowmakers involved that revented them from including such wording, but all I can say is THANK YOU!
Report Post »suran
Posted on January 31, 2011 at 3:44pmI feel there is immediate damage. My health insurance premium was raised 21% this past summer, I’m assuming because of Obamacare (such a huge increase had never happened before). Also, my husband’s and my prescription drug costs have almost doubled since Obamacare passed.
Report Post »CultureWarriors
Posted on January 31, 2011 at 3:47pmNancy Pelosi can still be heard saying – “Are you serious?” – Yes Nancy we are serious and you’re an idiot.
Report Post »jamesctheman
Posted on January 31, 2011 at 3:48pmStarting to see that the will of Americans to fight against the growth of our government is getting stronger. We won based on Constitutional principles & I’m glad to hear we have someone who read it & has a firm grip of understanding of the Founders intent. It’s almost uncanny to think that these men thought far enough ahead to see many of the challenges we would face as a nation. Maybe just maybe we have pulled our head out of the sand in time to SAVE THIS REPUBLIC. Let’s all be careful. The left is going to become more & more hostile as this repeal moves through to the Supreme Court. Violence could happen at anytime from that side of th isle. STAY NONVIOLENT. Don’t let any of these hacks darken your spirit.
Report Post »John_Free
Posted on January 31, 2011 at 3:49pmOh Happy Day
But what happens when Obama’s Supreme Court is made liberal???
Report Post »Cliff Izigg
Posted on January 31, 2011 at 3:52pmPRAISE GOD IN HEAVEN!!!! it is a victory lets keep it going!
Report Post »kryptonite
Posted on January 31, 2011 at 3:52pm@NOMOREGRAY
A related article on the FreeRepublic site says the following:
“Judge Vinson found that there was no need for an injunction, since the declaratory judgment that the entire law was invalid was sufficient (in effect, there is nothing left to enjoin, since no part of the law survived).”
It appears that a judge cannot enjoin a law that has been legally declared invalid but does not OFFICIALLY kick in until 2014. I am not a lawyer, but there seems to be a legal reason for denying the request for injunctive relief. Can anyone here expound on the legal aspects of this ruling?
Report Post »cnsrvtvj
Posted on January 31, 2011 at 3:54pmOne battle down, many more to go. We have to win the war on this one. It is certainly a step in the right direction. Look at the story on salt. If this bill gets enacted there won’t be anything out of the reach of the government. Anything can be tied to health.
http://www.donsmithshow.com – check out the union tactics video
Report Post »Dustyluv
Posted on January 31, 2011 at 3:54pmI wouldn’t get too excited…It’s like the night of the LIVIND DEAD. It will find a way to come back to life.
Report Post »Besides, if this is Unconstitutional, almost everything the Government does is unconstitutional too! You don’t see that being shut down do you?
I don’t want anarchy, but severe deregulation of businesses, the end of the welfare state and denutting all the Czars would be nice.
poppy
Posted on January 31, 2011 at 3:56pmI hear there are more ways to skin a cat (Big Insurance Companies) to get health care corrected, but I think Obama thinks this way also, but on how to skin the average Joe to get his way!
Report Post »CatB
Posted on January 31, 2011 at 3:57pmWay to go Attorney General Bondi, Florida and 25 additional states! Keep up the good fight! Proud to be a Floidian today!
Report Post »Snowleopard {gallery of cat folks}
Posted on January 31, 2011 at 3:58pmOne more step unto victory!!!
God be praised!!!
Report Post »Sevens
Posted on January 31, 2011 at 3:59pmI think the judge was pretty clear. The mandates in this bill that started already will continue as a matter of law unless the plaintiffs in this case can get the Judge to suspend or put them on hold. I think this will go to the supreme court and be settled very soon. Lets hope. I do not trust our Supreme Court to make a proper ruling such as this Judge did. Politics/ and usurptation is very rampant in our government right now and that must be stopped. If you do not want Obama care then have him relieved of duty, arrest him for fraudulant use of a social security number and the fact that he is un eligible to serve. Anything that he has signed into law will be nullified ! Thats why even Beck is scared about speaking abou this amoungst other things like threats and etc. Folks wake up..
Report Post »@leftfighter
Posted on January 31, 2011 at 3:59pmNah- this isn;t uphill. It’s downhill now.
I’m about 99% that the VA ruling will be upheld because the Fourth Circuit is extremely Conservative. Florida and the 11th Circuit is slightly less likely, but still above 75%, and there‘s still a third suit out of OK which I haven’t heard about in a while.
SCotUS will have to hear it since so many states are involved. If they don’t, it‘ll be an amazingly huge breach of trust between the Federal gov’t and more than half of the states (30 are now involved in suits).
Report Post »azmomof6
Posted on January 31, 2011 at 4:00pmWhat will happen when it reaches the Supreme Court? Are those judges honest enough to do their job correctly? Will they have the integrity to rule it unconstitutional? Sotomayor thinks she’s supposed to “make policy,” not interpret the constitution. Todays ruling was a step in the right direction; let’s hope things continue in the right direction.
Report Post »Snowleopard {gallery of cat folks}
Posted on January 31, 2011 at 4:07pmRight now there is only one major danger I see when this reaches the supreme court; that a single vacancy may exist to bring the decision of the vote to a tie, and if that happens the law stands for the rest of time if I understand the supreme court system correctly.
Report Post »chazman
Posted on January 31, 2011 at 4:08pmIn yer face, Camel cakes!!!
Report Post »SLAPTHELEFT
Posted on January 31, 2011 at 4:10pmThe law was never meant to be constitutional. The goal of progressives is to “progress” past the constitutional limits on their authority. this ruling comes as no surprise. The problem is that it passed already. So we have a-holes in elected office who crap on the very document that gives them the position they hold.
NEVER AGAIN CAN WE ALLOW THIS TYPE OF ILLEGAL GOVERNANCE. THIS IS WHAT HAPPENS WHEN WE BURY OUR HEADS IN THE SAND AND LEAVE THE REGULATION OF OUR LIVES TO ELITIST PUPPETS. MY QUESTION TO EVERYONE IS DO WE HAVE THE STOMACH TO FACE THIS MONSTROSITY AND GIVE EVERYTHING WE HAVE TO SAVE OUR BELOVED REPUBLIC?
Report Post »HippoNips
Posted on January 31, 2011 at 4:13pmExactly Dale!!
Report Post »It’s not over. The Democrats will do every trick and illegal move to win.
We can’t let up. Let’s take a page from their playbook and keep shouting our complete displeasure with OBAMAcare.
Dont just say it here, go to every liberal news webpage and comment there!!
SLAPTHELEFT
Posted on January 31, 2011 at 4:15pmheres a question that obviously wasnt asked or would have been totally refused a reply by Mr. Obama:
Mr. Pres, if your healthcare law is so totally awesome dude, why do you keep granting waivers to SEIU chapters? Isn’t that your union? I though they’d be lining up to participate. After all they showed up at many HC townhalls to “persuade” people to support the law and now they want out?
Yeah that one didn’t make it in. Go figure.
Report Post »JoeBtfsplk
Posted on January 31, 2011 at 4:18pmCan’t the American Citizens SUE Congress for a Gross and Negligent Waste of Time?
Time is MONEY and they wasted OURS !!!
Report Post »NoMoreGray
Posted on January 31, 2011 at 4:22pm@KRYPRONITE
Report Post »I agree aome more legal input directly addressing th question would be helpful. I understand your point that the entire law was ruled void, what I don’t understand is how that in itself does anything until a court says STOP.
The “voided” law is collecting money now.
The “voided” law is spending money now.
The “voided law is causing Ins premiums to rise now.
The “voided” law is causing companies to decide to drop their current employee coverage to pass it off on Obamacare now.
I understand the point made above about “ripening.” What I don’t understand is, if the Judge says the mandate can not be seperated from the rest of the law, then how can the “ripened” affects of the rest of the law be ignored?
So broke
Posted on January 31, 2011 at 4:24pmHow dare they repeal this bill! …..It will “kill” Americans! – so says Rep. Sheila Jackson Lee
Yeah rrright!
Report Post »ltb
Posted on January 31, 2011 at 4:27pmThis is America’s founding fathers reaching down through the centuries, smacking Liberals in the face and saying, “We didn’t build this country for people who need to be told when to wipe their butts… there are plenty of countries around the world where people like you are welcome, but America is not one of them.”
Report Post »ron the veteran
Posted on January 31, 2011 at 4:31pmthey would of known it didnt have a severability clause if they would of read the bill for one this leads me to belive this bill wasnt written by lawmakers but by the very people who are profiting off this bill.(unions and aarp whos also union)
Report Post »etetetet
Posted on January 31, 2011 at 4:35pmAs I write this, CNN is so shocked, their crying and they do not even have the story posted on their main Web Page. Truth hurts. Course, what to they know about telling the Truth
Report Post »ishka4me
Posted on January 31, 2011 at 4:52pmtime to fix bayonets and charge! oops, can’t say that anymore. no military metaphors. You know what i mean
Report Post »AzDebi
Posted on January 31, 2011 at 4:54pmEven though the Judge states that the health care law does no damage because it is not due to be implemented until 2014…has he ever heard of the Free-Enterprise System here in HIS country…you know…the one where businesses are in business to make a profit and they do something called A BUSINESS PLAN and often project out 5 years or more? He should speak with private Doctor’s hospitals all across this country to see just what has happened to them thus far…also, has he ever heard of anything like premed school and educational institutions planning for the deterioration of applications due to the changes for potential physicians?…OH…don’t get me started on the fact that the government has taken over the student loan programs….on and on and on…2012 can’t get here quick enough…
Report Post »PA PATRIOT
Posted on January 31, 2011 at 4:56pm“Today’s decision affirms the view, held by most of the states and a MAJORITY of the AMERICAN PEOPLE, that the federal government should NOT be in the business of FORCING you to buy health insurance and PUNISHING you if you don’t,”
We The People Chant…..
Boehner! Boehner! Boehner! Boehner! Boehner! Boehner!
Report Post »davecoolworld
Posted on January 31, 2011 at 4:57pmDo not get excited. This will go to the US Supreme court and it will be upheld by a narrow margin. Obama stacked the deck and they knew it would be challenged in court. The two newly appointed judges will vote with Obama. That’s the ONLY reason they were chosen. Don’t think for a moment this exact scenario was not discussed before their appointments.
Report Post »ltb
Posted on January 31, 2011 at 5:09pmWhen Liberals start talking about how people should do their “patriotic duty” and pay more taxes, or how Conservatives don’t care about the poor, remind them of these facts: 57% of Liberals admit to cheating on their taxes, 49% of Liberals say they would lie to get welfare and Liberals give 30% less to charity than Conservatives.
Sources: “Who Really Cares” by the very liberal Arthur C. Brooks and the “World Values Survey.”
Report Post »Melvin Spittle
Posted on January 31, 2011 at 5:16pmFinally! A judge that understands the Constitution! What were the libs smoking when they rammed this down our individual throats? Maybe the Constitution?
Report Post »Edgar Bennet
Posted on January 31, 2011 at 5:25pmWhat I want to know is how would the States like Utah and Idaho react if the Supreme Court rules to uphold it?
Report Post »proudpatriot77
Posted on January 31, 2011 at 5:33pmDo you really need to have a law degree to realize that the US govt forcing an individual to buy something for merely being alive is unconstitutional? When will this three ring circus end…
Report Post »broker0101
Posted on January 31, 2011 at 5:45pmWow! This gets your hopes up? What a bunch of Rubes! When is the last time (or first time, for that matter) that a court ruling has actually adversely effected an Obama administration policy?
Report Post »Darmok and Jalad at Tanagra
Posted on January 31, 2011 at 5:54pmVery simular to what Colorado Gov. Ritter did a few years ago, he passed a law temporarily raising property taxes, as housing prices were falling, then slammed a 1 year freeze so noone could put in for a reaccessment. The law was thrown out, like they knew it was, but there was a clause that even if you could prove you paid too much in taxes, no refunds due to the freeze. It was a 1 year money grab by Ritter.
Report Post »jbl8199
Posted on January 31, 2011 at 6:24pmThey need to at the very LEAST get rid of the part that forces us to buy this crap. They can fine me, they can send me to jail, but I’m not paying a cent into that unholy law if it ever manages to pass.
Report Post »chuck
Posted on January 31, 2011 at 6:35pmThis is three arrows in the quiver! More signs there is some sanity left in this country…
Report Post »DisillusionedDaily
Posted on January 31, 2011 at 6:50pmIn 2008, then Senator Obama did not back the mandate part of the healthcare legislation being pushed by Senator Hillary Clinton. He said then that if the mandate to purchase insurance can fix our healthcare problems, we should be able to fix poverty by mandating that everyone buy a house. I think his “LEGACY” is in serious trouble.
Report Post »psycodad36
Posted on January 31, 2011 at 8:21pmSMILES over at my house ,hope it continues
Report Post »fertlmind
Posted on January 31, 2011 at 8:22pmFinally some hope for change we ca believe in!
Report Post »Can’t wait for this to go to the Supreme Court.
tifosa
Posted on January 31, 2011 at 8:24pmHHmm, you used to HATE judicial activism. This ruling is the definition of such, and is politically driven. Appears to be a bridge to nowhere the way the ruling was written, but hey, the states have got to spend your money somewhere :P
Report Post »CultureWarriors
Posted on January 31, 2011 at 9:12pmOn this subject of Obamacare, I have to pass something along. I recently received an AARP membership solicitation in the mail. I have a suggestion for anyone thinks Obamacare is unconstitutional and that it’s wrong to bankrupt our children. If you receive an AARP solicitation don’t throw it all away. Keep the postage paid return envelope and use it to drop them a note letting them know what you think of their support of Obama care and their support of a bill that spends our children’s money. Just for the record, I think any person willing to bankrupt their children is lowest form of gutter slime on earth and is on par with common criminals or worse. What kind of despicable scum bag thinks it’s ok to steal the American dream from their children?
Report Post »Mil Mom
Posted on January 31, 2011 at 9:57pmI have only 2 questions:
Report Post »1} Did he read the entire law?
2} Did He Understand it?
(Just sayin’, since Senators & Representatives can’t be expected to, what about judges.)
Endeavour
Posted on January 31, 2011 at 10:06pmIt is unconstitutional, end of story. Don’t muddy the issue with stuff. It is that simple.
Report Post »click4cheapandeasyweb
Posted on January 31, 2011 at 10:23pmDale
Posted on January 31, 2011 at 3:03pm
“It’s still an uphill battle, but we just won another battle.”
We won a huge battle, but the war still rages on. If we have some skilled long-term thinkers on our side I suggest they had better sharpen their thinking skills for the next thrust and parry by the Dems. Remember, some of the Dems have been working on this for many years so they must have a Plan “B”, and “C”, and possibly “D”.
Report Post »click4cheapandeasyweb
Posted on January 31, 2011 at 10:50pmsuran, you are correct. The insurance companies have been raising their prices in order to establish a new base-line prior to certain provisions of Obamacare being enacted. And to a degree I can see why the insurance companies would do this. Once 35-45 million new people are suddenly thrust upon the insured roles it will create more costs to the insurance companies, and once they can no longer reject people for pre-existing conditions their costs will go up, etc, and so on. They know it’s going to be expensive so they want to establish a new and costly base-line to help defray some of those costs.
Don’t ever believe that anything about Obamacare is going to save the taxpayer and/or the consumer money. The truth is… with 138 new government agencies being creted just for Obamacare, there is NO WAY IN HELL Obamacare could ever be cost effective. It will however break the financial back of this country. Can anyone say “spreading the wealth around”?
Report Post »godlovinmom
Posted on January 31, 2011 at 10:51pmI hope this is a sign of things to come…seriously need to get the government off our backs!
Report Post »Freetospeakurmind
Posted on January 31, 2011 at 11:49pm@nomoregray, I completely agree!
Report Post »SUPPLY_SIDE
Posted on January 31, 2011 at 11:50pmNo “severability clause” in the legislation? I guess Pelosi needed to “READ” the law to see what was in it.
Report Post »BOUGHT YOUR SILO YET?
Posted on February 1, 2011 at 12:58amNo More Grey- You forgot to mention how the bill, although not enforceable until 2014, is affecting the jobs of today. One of the reasons many employers won’t hire is because it is difficult to asses future costs.
This is just my opinion, but the two judges who ruled that Obamacare IS constitutional should not be reelected to their perspective court districts. Obviously, they are not upholding their oath to protect, preserve and defend the constitution either.
Report Post »Barry Soetoro
Posted on February 1, 2011 at 1:02amOne more SCOTUS justice and it’s game over!
Report Post »always watching
Posted on February 1, 2011 at 1:06amWhile this is a great day indeed, I now fear for the safety of our Supreme Court justices. Does anyone believe that the progressives who have been planning this take-over for the last 50 years
Report Post »are above assasinating one or two judges to achieve their goals? Maybe they are stirring up the nuts so they can blame it on “just another nut”.
KICKILLEGALSOUT
Posted on February 1, 2011 at 1:22amThis is wonderful. Justice is served! Let’s just hope the Supreme Court does the same and put Comrade Obama in his place once and for all.
Report Post »UPSETVET
Posted on February 1, 2011 at 5:19amObamacare is “dead cow” and it needs to be buried in order to remove the stink from our country. It’ not a “good thing for America” and Americns are suffering because of it. Senators, repel the law !
Report Post »GhostOfJefferson
Posted on February 1, 2011 at 11:59amOhio is one of the 26 states. Yay Ohio! :)
The judge is correct of course. And last check, the SCOTUS still leans to the right on things like this, and lacking a retirement before Obama is out of office, will most likely rule in our favor as well. This isn’t even a question, it’s clearly unconstitutional by even a casual reading of the Constitution.
We may well pull a hat trick and win this one yet folks!
Report Post »dcwu
Posted on February 1, 2011 at 12:16pmImpeach Obama now. He is ignoring the federal judge’s ruling.
Report Post »tifosa
Posted on February 1, 2011 at 12:28pmRemember when the courts found telecommunication surveillance unconstitutional (BushWhacked)? Aaaaand, you guessed it….This is not a done deal….
Report Post »cecilrussell2012
Posted on February 1, 2011 at 12:36pmIf I may suggest: The passing of The Patient Protection and Affordable Care Act, (Public Law 111–148 Stat. 124 Stat. 119 through 124 Stat. 1025) was enacted illegally. Bribing an elected Federal Official to vote a certain way IS Bribery. Push the issue in the public forum until the democrats respond negatively and then push harder. Drive them into self destruction in the public eye.
Report Post »18 U.S.C. § 201: Bribery of public officials and witnesses:
(a) For the purpose of this section -
(1) the term “public official” means Member of Congress…
(3) the term “official act” means any decision or action on any
question, matter, cause, suit, proceeding or controversy, which
may at any time be pending, or which may by law be brought before
any public official, in such official’s official capacity, or in
such official’s place of trust or profit.
(b) Whoever -
(1) directly or indirectly, corruptly gives, offers or promises
anything of value to any public official or person who has been
selected to be a public official, or offers or promises any
public official or any person who has been selected to be a
public official to give anything of value to any other person or
entity, with intent -
(A) to influence any official act;
(2) being a public official or person selected to be a public
official, directly or indirectly, corruptly demands, seeks,
receives, accepts, or agrees to receive or accept anything of
value personally or for any other person or entity, in return
for:
(A) being influenced in the performance of any official act;
Let the conversation be directed to how much time President Obama, former Speaker Pelosi and Senator Majority Leader Read are going to receive for bribing federal officials and let this be the focus of future conversations concerning “Obamacare.”
The primary reason that we have to endure these utopian plans, programs and legislation created by liberals in order to assuage their guilt is that Republicans are not morally strong enough to prosecute these democrats when they violate the law in order to pass similar legislation. How about putting some of these professional politicians in prison for quite awhile.
Cecil L Russell
cecilrussell2012@yahoo.com
It is an issue that is a part of my proposed campaign.
Cecil L Russell for 2012
Tim Barnes
Posted on February 1, 2011 at 12:53pmGeorge Washington lost a whole lot more battles then he won, and that was enough. With firm reliance in God…
Report Post »the_zazzy
Posted on February 2, 2011 at 10:33am“Politically motivated decisions?” May I ask what the rushed passing of this bill was, if not a “politically motivated decision?” @Encinom, I can only assume that either you would be one of the recipients of this “free” healthcare or you are one of the union members who have filed for exemption from it??? I’m glad there are a few judges left who have actually read and understand the Constitution!
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