Federal judge rules Obamacare unconstitutional

[Guest gw2and4]

Is this real?

BREAKING: Federal judge rules Obamacare unconstitutional | Mark Hemingway | Beltway Confidential | San Francisco Examiner

From the story:

BREAKING: Federal judge rules Obamacare unconstitutional

The full text of the decision from Federal Judge Roger Vinson is not available yet, but according to reporters who've seen the decision, he's ruled the entire Patient Protection and Affordable Care Act unconstitutional. The ruling favors of the 26 state attorney generals challenging the law. The judge ruled the individual mandate that requires all Americans to purchase health insurance invalid and, according to the decision, "because the individual mandate is unconstitutional and not severable, the entire Act must be declared void."

Read more at the San Francisco Examiner: BREAKING: Federal judge rules Obamacare unconstitutional | Mark Hemingway | Beltway Confidential | San Francisco Examiner

[DRM]

Just one more step on it's way to the SCOTUS. The sooner, the better - IMHO.

[LagerHead]

Judge Rules Health Care Law Is Unconstitutional - FoxNews.com

Looks like it.

[Guest Jcochran88]

Just one more step on it's way to the SCOTUS. The sooner, the better - IMHO.

Not sure here lately SCOTUS is a toss up.

[Guest gw2and4]

Well the way things have been going, I'll take any little victory we can get in favor of the Constitution. Far too many people just walk all over it nowadays...

[DRM]

Not sure here lately SCOTUS is a toss up.

It will be a pretty tall order for them to justify the application of the commerce clause here, OR to ignore the fact that Congress left out the wording in this law that protects the remainder from being canned if one part is canned.

Not saying they won't disappoint me, but it's a tall order.

[G27]

I have a hard time seeing the five generally conservative judges calling this constitutional under the Commerce Clause - if they do that, they're essentially saying the government can legislate EVERYTHING in our lives under said clause. Just don't see that happening.

And if it does, pitchforks and torches.

[mikegideon]

Not sure here lately SCOTUS is a toss up.

Why do you say that? They seem to vote along party lines. It's a Republican majority right now, until Obama sticks another granola muncher in there.

[G27]

Why do you say that? They seem to vote along party lines. It's a Republican majority right now, until Obama sticks another granola muncher in there.

Correction - until a conservative justice steps down / dies.

[gregintenn]

I made that desicion when the billl was being debated last year. I'm glad the see it my way.

[mikegideon]

Correction - until a conservative justice steps down / dies.

Hopefully, the liberal revolution will be dead by then.

[kieefer]

Hopefully, the liberal revolution will be dead by then.

These socialists never give up and they will never die off, they just relabel themselves and their policies and pollute our young.

It is you and me/real Americans that have too keep our guard up and defend the Constitution.

Big win today for the conservative movement.

Edited January 31, 2011 by kieefer

[mav]

That is good news.

Got a question. When this goes the the SCOTUS and if they decide that parts of the bill are unconstitutional, does that mean the whole bill will have to be scrapped or just the part declared unconsititutional?

[Guest sn8kbit]

The Judge ruled the individual mandate was unconstitutional, and, since there was no separation wording in the mandate, the entire law must be considered void.

Generally speaking, IF the mandate is pulled, the law falls apart. The mandate funded the whole thing.

Bout frickin time, that's 2 now. It'd be nice (not reasonable to expect, sadly) if the Senate would read the decision, floor the House bill repealing the law, and follow suit based on the decision. The it'd all fall squarely on Obama's shoulders to openly VETO a non-constitutional law. I'd have a sh**ton more respect for both houses if they'd have the balls to do that.

[kieefer]

You can bet the current administration will ignore the ruling and continue to dictate with what they think is best for us.

[sigrug17]

This is good news...but I didn't see on the U.S. map presented by FOX that TN was part of this action/ judgement???

[G27]

This is good news...but I didn't see on the U.S. map presented by FOX that TN was part of this action/ judgement???

TN was not one of the 26 states involved in the suit.

[leroy]

....TN was not one of the 26 states involved in the suit. ....

This is exactly right. It seems that the Tn State Attorney General said he would not bring a case against the Federal government because Federal Law always trumps State law. That pronouncement has raised lots of hackles in the Tennessee State Legislature. There is a bill being introduced in the state house to set up a state "Solicitor General" who would presumably handle any litigation as the result of state law. My guess is that the current state Attorney General (...i think he is a Democrat; and appointed; not elected [...which i think is a bad idea...]...) is in big trouble over this very issue.

Mabee others can clear this up a bit; please jump in with the specifics.

leroy

[G27]

Yah, iirc, the AG position is an 8 year appointment by the governor, and our current delight was put in place by Bredesen...

[Guest 6.8 AR]

Some other state had to go around their Attorney General, for the same reason.

I just hope Dingy Harry fights all the repeal measures that are fixing to be thrown at him.

Show the rest what kind of crap is still in office.

[Guest db99wj]

Heard a snippet this am on the Today show, yes, NBC, Today show and they were reporting that the judges reasoning is that the government can not, by our constitution require someone to pay for something, even insurance. He likened it to the government making everyone eat broccoli because it is healthy. Our government can't do that, so they can't do that with insurance either. If this happens, it basically voids our Constitution in areas, or something like that, can't remember the exact words, said something that it make our Constitution.... just can't remember his word. It was early and I was trying to get a 3 year old dressed.

[mikegideon]

The broccoli mandate is coming. They just have to save us from guns first.

[Guest 6.8 AR]

I don't know. Daddy Bush was mighty fond of broccoli.

[Lumber_Jack]

I like broccoli

[Guest 6.8 AR]

I do, too. No mandate needed. Same with Asparagus.