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Florida Judge Rules Against ObamaCare, Unconstitutional

719 Views 12 Replies 11 Participants Last post by  mountainpass
http://blogs.forbes.com/davidwhelan/201 ... itutional/

Justice Roger Vinson of the U.S. District Court in Pensacola ruled today that the primary mechanism used by health reform to achieve universal insurance coverageâ€"the individual mandateâ€"is illegal. If his ruling stands it would void the 2,700 page, $938 billion health reform bill passed last year.

“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 writes.
On to the Supreme Court... I wonder how many more appellate judges are going to rule on this before the Supreme Court takes it on.
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and will the omamabots in sc rule openly or as we see there step in line
Eventually SCOTUS will have to rule on it, since there have been other judges that have found it to be constitutional. I would imagine this gets to them around the same time as the 2012 presidential race heats up.
Here's a link to more info about the decision, including a link to the opinion: http://volokh.com/2011/01/31/judge-vins ... itutional/
If it stays on a normal track, it'll work it's way through the 11th Circuit here in Atlanta this spring and summer, and be appealed to the Sup Ct in the fall/early winter of next year, presuming the Appeals Ct acts normally. You would then be looking at a likely Sup Ct decision in June of 2012. Now, there are rare cases when things of such importance are accelerated, which could be the case here.
The states argued that the government cannot force individuals to participate in the stream of commerce -- in this case, the health insurance market.

The federal government responded that at some point, every U.S. citizen will seek medical care, and if that person chooses to not have insurance, the cost of his or her medical care is passed on to those with insurance. Thus, a choice to not participate in the commerce of healthcare doesn't actually exist.
Finally, a semblance of sanity from the Federal Courts! I know socialists find this point difficult to grasp but dang it all. They really came close to pulling this off. Never mind the fact that [s:2wr87g5m]Uncle Sam[/s:2wr87g5m] the working people of this country don't have 980,000,000,000 USD and change to pay for this crap.

Officials in the Obama administration called Vinson's ruling an "outlier," and said the federal government would not stop implementation of the law.

http://www.medpagetoday.com/Washington- ... form/24614
:roll:
Looks like someone finally read the silly thing.
:woohoo: :woohoo: :woohoo:
"Madam Speaker, Of course I'm serious...you idiot!"
"Madam Speaker, Of course I'm serious...you idiot!"
From the ruling:
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.
The judge has given the DoJ 7 days to appeal to the 11th circuit.
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