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BREAKING: District Court says Obamacare individual mandate is UNCONSTITUTIONAL

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posted on Dec, 13 2010 @ 11:09 AM
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District Court Judge Hudson (VA) -->

NOT buying a product is NOT 'economic activity' as understood in the commerce clause.

The beginning of the end for this law. Without that mandate how are insurance companies going to afford complying with all the other mandates?

Also remember that the law has no severability clause, so this one thing could theoretically strike the law.

Circuit Court next up.

Can't find any good articles about this yet, but here is an article about the case. AGAIN, it has been found UNCONSTITUTIONAL:

about the case
edit on 13-12-2010 by snusfanatic because: (no reason given)


here's my predictions for the supreme court (2 steps ahead)

John G. Roberts - Chief Justice : unconstitutional

Elena Kagan: constitutional

Samuel A. Alito, Jr.: unconstitutional

Antonin Scalia: unconstitutional

Anthony Kennedy: SWING VOOOTE. (somebody get to researchin this dude0

Clarence Thomas: unconstitutional

Stephen Breyer: constitutional

Sonia Sotomayor: constitutional

4-4 with Kennedy as swing vote.
edit on 13-12-2010 by snusfanatic because: (no reason given)




posted on Dec, 13 2010 @ 11:14 AM
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Good, thus ending an unconstitutional program thrust unto the American public, in direct violation of the Powers of Congress, per Article 1 Section 8.



posted on Dec, 13 2010 @ 11:15 AM
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reply to post by Whereweheaded
 


I whole- heartedly agree, my friend.

The legal reasoning behind this ruling is pretty strong. It'll be interesting to see what higher courts do.



posted on Dec, 13 2010 @ 11:17 AM
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reply to post by snusfanatic
 


We shall soon see how "fair" and "just" the higher courts are...

From Circuit to Supreme, if need be.



posted on Dec, 13 2010 @ 11:19 AM
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Firmly believe that ALL social programs ( and this is just one of many ), should be abolished. Unconstitutional programs have proven to be a burden on this society.



posted on Dec, 13 2010 @ 11:24 AM
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reply to post by Whereweheaded
 



Firmly believe that ALL social programs ( and this is just one of many ), should be abolished. Unconstitutional programs have proven to be a burden on this society.


I agree. Except I would put only a *few* contingencies in there for the *truly* disabled...



posted on Dec, 13 2010 @ 11:27 AM
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reply to post by snusfanatic
 


i got a test. someone post an actual article about this when they come! yaaaay.



posted on Dec, 13 2010 @ 11:28 AM
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This is a black eye to the Feds, but I heard on MSM that they weren't concerned with the ruling because of the Federal Mandate on the Bill. I'm glad the States are standing up to the Feds. Virginia is the first of I believe 21 states that are fighting ObamaCare.

It will be interesting to see how this all plays out.



posted on Dec, 13 2010 @ 11:33 AM
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Originally posted by Whereweheaded
Good, thus ending an unconstitutional program thrust unto the American public, in direct violation of the Powers of Congress, per Article 1 Section 8.


One down, 8,000,000 unconstitutional actions and laws to go! I am glad to see some judges still respect the constitution of the United States. Socialism is illegal and if our courts would have done their jobs and protected the constitution, we would not be dealing with the debt, the Fed, Federal corruption nor with the total social and political total division in our country. American exceptionalism is constitutional freedom. We have not been exceptional for a very long time now. We have been living a lie about freedom and it is time it stop.



posted on Dec, 13 2010 @ 11:37 AM
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Regardless, in 2012 and Obama's one term is over, after he bow's out, ( or preferable letting the door hitting him in the a##), the new administration will repeal it. That's a guarantee. No common sense person would allow this travesty to continue, especially if they want the vote~



posted on Dec, 13 2010 @ 11:53 AM
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Just like I have said all along.

This pile of crap is in fact 100% unconstitutional.

ahahahahahahahahaha.

Simply awesome.



posted on Dec, 13 2010 @ 11:58 AM
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Um did anyone really believe this would go through? I mean this entire Healthcare nonsense is just that, nonsense and fluff, none of it will matter. No one will ever be forced into Healthcare. Also, this whole Healthcare thing Under Obama has just been for show, just like it was under Clinton.



posted on Dec, 13 2010 @ 11:58 AM
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ACTUAL SOURCE NOW:




RICHMOND, Va. – A federal judge declared a key provision of the Obama administration's health care law unconstitutional Monday, siding with Virginia's attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court. U.S. District Judge Henry E. Hudson is the first federal judge to strike down the law, which has been upheld by two other federal judges in Virginia and Michigan. Several other lawsuits have been dismissed and others are pending, including one filed by 20 other states in Florida. Hudson rejected the government's argument that it has the power under the Constitution to require individuals to buy health insurance, a provision that was set to take effect in 2014. "Of course, the same reasoning could apply to transportation, housing or nutritional decisions," Hudson wrote. "This broad definition of the economic activity subject to congressional regulation lacks logical limitation" and is unsupported by previous legal cases around the Commerce Clause of the Constitution. There was no immediate comment from the White House.


LINK



posted on Dec, 13 2010 @ 11:59 AM
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Big whoop... other judges have deemed it unconstitutional as well. Its when the supreme rules is when we will know how screwed we are.


If it gets through and is put into place.. it cant just be ended and repealed. Its going to be an absolute mess for all of US either way.

If this goes like everything else does in this country, a big show will be made of it being shot down, it will be "modified" and we will be fed a vanilla flavor of socialized healthcare... the masses will be satisfied.


Then again, with Obama ( and the next presidents new powers) he can just trump everything and put it thorough.. the public's wishes be damned. I feel it will all depend on how bad things get to how badly people fight this stuff... and it isnt bad.. YET.



posted on Dec, 13 2010 @ 12:17 PM
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it was rigged from the start.

they knew they were going to strike it down, the entire thing was just to get people pissed off.



posted on Dec, 13 2010 @ 12:20 PM
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I just saw this on CNN. It's about time. I've said all along that the federal government can't force people to buy anything. Period. But watch it be reversed somehow.



posted on Dec, 13 2010 @ 12:31 PM
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reply to post by snusfanatic
 


Dont count your chickens yet. This is going to be appealed to the US Supreme Court, and the Government is going to make the argument, as they did in this court case, that its a tax. If the Justices buy into that argument, its not going anywhere.

My question is, and I have not seen this addressed anywhere, is how the Government would know who does and does not have insurance. Absent a new and intrusive Federal Database contining info on every American, I dont see how they could charge a person who does not have it.

Which to me seems more of a problem than the healthcare bill itself.



posted on Dec, 13 2010 @ 03:10 PM
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Star and flag!

This is great news! Hopefully this thing gets shut down for good, but I'm not holding my breath with the cronies in the supreme court though...


I guess we'll just have to wait and see how this one pans out.



posted on Dec, 13 2010 @ 04:54 PM
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reply to post by Xcathdra
 


I hope the government rests its argument on whether or not this is a tax. Any liberal judge that looks into the legislative history/signing statements/floor speeches, etc, is going to see the words "not tax. not tax. not tax." over and over. I don't necesarilly trust the more liberal justices but if they stay true to their theories of stat. interpretation, i don't think a better battle line could be drawn.



posted on Dec, 13 2010 @ 07:58 PM
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Whoa......back the truck up.

It seems that Judge Hudson (a Bush appointee) has a wee bit of a conflict of interest. Despite 14 prior dismissals by other judges, Judge Hudson owns a stake in a Republican consulting firm which was recently engaged by the AG of Virginia who brought the suit the judge ruled favorably on.

Judge Who Nixed Health Care Owns Stake in GOP Firm



ATTORNEY GENERAL PAID CONSULTING FIRM $9K THIS YEAR

SOURCE


Judge Who Ruled Health Care Reform Unconstitutional Owns Piece of GOP Consulting Firm


SOURCE

Judge In Health Care Lawsuit, Has Financial Ties To Attorney General Bringing The Case


SOURCE

Hmmmmmm....I smell a GOP rat.




edit on 13-12-2010 by kinda kurious because: typos



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