Va district judge rules "obamacare" UNCONSTITUTIONAL

Posted by JERRY K. REMMERS, TMV Columnist in At TMV, Breaking News, Health, Law.
Dec 13th, 2010

A U.S. District Court judge in Virginia has ruled a provision of the health care reform law is unconstitutional. It is the provision that mandates all Americans have a minimum level of coverage, or pay a fine if they do not.

The Los Angeles Times reports Judge Henry Hudson said the mandate exceeds federal authority. This challenge, among many in the federal court system, was brought by Virginia Attorney General Ken Cuccinelli who argued against the government’s view that the mandate is enforceable under the Commerce Clause of the U.S. Constitution.

The Times:

On Monday, U.S. District Judge Henry Hudson denied a request from Virginia Atty. Gen. Ken Cuccinelli, the lead plaintiff, to stop implementation of the law while higher courts consider the case.

But the ruling by Hudson, a Republican appointed to the bench by President George W. Bush, strikes the most serious legal blow to the law thus far and moves the case toward an expected showdown in the U.S. Supreme Court, perhaps in 2012.

The core of the state of Virginia’s lawsuit is the unprecedented insurance mandate in the new law, which will require most Americans to get health insurance starting in 2014 and penalize those who do not.

The requirement is seen as critical by most health policy experts because it would spread risk more broadly, controlling insurance premiums for everyone and allowing federal government to prohibit insurers from denying coverage to higher-risk Americans with preexisting medical conditions.

Without a mandate, Americans would be able to buy insurance only when they got sick, driving up premiums, a phenomenon that has occurred in several states that have guaranteed coverage without any requirement.

Obama administration lawyers have defended the mandate as permissible under what is known as the Commerce Clause, which gives the federal government broad powers to regulate interstate economic activity.

But conservatives have countered that the new law oversteps this authority by requiring Americans to obtain a specific product, something that has never before been mandated by the federal government.

Hudson was unequivocal in his 42-page decision.

more at:
themoderatevoice.com...

This happened early this morning...
its now late afternoon......

do you honestly think there isn't 300 other threads on this already? :-\

reply to post by 46ACE


This is good. I heard Bernie Sanders recently make an excellent point regarding privatized health care that I cannot for the life of me come up with any response to. He said if all healthcare was in the hands of private corporations how many of them would line up to cover the most ill of our society? To this I have no response. I am quite sure corporations that profit from covering illnesses do not benefit from covering those that are ill or will be ill. Therefore, government must somehow ensure equality and fairness to protect those who need protection the most.

That said, Obama care was a Federal Government attempt to level the playing field while at the same time forcing the individual to pay under the threat of criminal penalties. Corporations had to give up some of their power and in return they got full control and monopoly of all healthcare in America. Because only the biggest hospitals and only the biggest insurance companies would be able to comply with the mandates, forcing the individual doctor out of business, and the young doctor who wishes to attempt alternative medicines out of business and into the realm of being a criminal.

The answer is not Obamacare. Although the answer is not the alternative either.

reply to post by SaturnFX


Just heard it on the "radidio"...Suppose I should use "search" more often.

Yep ..its unconstitutional .... I notice right away in this Video of Obamacare Unconstitutional well congress even thinks its also unconstitutional...

Originally posted by SaturnFX
This happened early this morning...
its now late afternoon......

do you honestly think there isn't 300 other threads on this already? :-\

Then what are you doing here reading it other than making a pointless post? Don't answer that and create yet another pointless post, it was a rhetorical question.

reply to post by 46ACE


Maybe you should note that 2 other states declared it constitutional. Also, if you read the arguments, it seems the judge believes it to be unconstitutional, but there are other sections in the constitution that make it perfectly legal.

This judge has not seen the last of this and will need to look at it more carefully next time around.

The reason for healthcare is simple: The right to live a life, healthy and full, for every american...including the poor. Any other argument is a deflection of this specific known fact. Every man, woman, and child deserves to live healthy. America is not a 3rd world country, why treat some of your people like their 3rd world people?

Besides, they spend plenty on wars...why not on HEALTH.

Originally posted by CanuckCoder
reply to post by 46ACE

 

Maybe you should note that 2 other states declared it constitutional. Also, if you read the arguments, it seems the judge believes it to be unconstitutional, but there are other sections in the constitution that make it perfectly legal.

This judge has not seen the last of this and will need to look at it more carefully next time around.

The reason for healthcare is simple: The right to live a life, healthy and full, for every american...including the poor. Any other argument is a deflection of this specific known fact. Every man, woman, and child deserves to live healthy. America is not a 3rd world country, why treat some of your people like their 3rd world people?

Besides, they spend plenty on wars...why not on HEALTH.

edit on 13-12-2010 by CanuckCoder because: (no reason given)

My wife in an Rn ( "charge nurse " ) she runs a surgical floor,.

"Nobody is ever turned away for care all this a Nobody gets needed healthcare is bullhockey.
Its an excuseto get every single citizen to kick money in to the pot. A percentage won't ever use their contribution. It is to makeup for those who will.and an excuse to try to regulate pay in a "free" marketsytem for talented doctors.