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05-03-22 07:38:07 AM
Jul - News - Federal Judge Rules Health Law Violates Constitution New poll - New thread - New reply
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FieryIce

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Posted on 01-31-11 06:50:52 PM Link | Quote
Well, this doesn't surprise me...


A second federal judge ruled on Monday that it was unconstitutional for Congress to enact a health care law that requires Americans to obtain commercial insurance, evening the score at two-to-two in the lower courts as the conflicting opinions begin their path to the Supreme Court.

Judge Roger Vinson of Federal District Court in Pensacola, Fla., ruled that the law will remain in effect until all appeals are concluded, a process that could take two years. However, Judge Vinson determined that the entire law should fall if appellate courts agree with his opinion that the insurance requirement is invalid.

“The Act, like a defectively designed watch, needs to be redesigned and reconstructed by the watchmaker,” Judge Vinson wrote.

In a 78-page opinion, Judge Vinson held that the insurance requirement exceeds the regulatory powers granted to Congress under the Commerce Clause of the Constitution. Judge Vinson wrote that the provision could not be rescued by an associated clause in Article I that gives Congress broad authority to make laws “necessary and proper” to carrying out its designated responsibilities.

“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,” Judge Vinson wrote.

The judge’s ruling came in the most prominent of the more than 20 legal challenges mounted against some aspect of the sweeping health law, which was enacted last year by a Democratic Congress and signed by President Obama in March.

The plaintiffs include governors and attorneys general from 26 states, all but one Republican, as well as the National Federation of Independent Business, which represents small companies. Officials from six states joined the lawsuit just this month after shifts in party control brought by November’s midterm elections.

The ruling by Judge Vinson, a senior judge who was appointed by President Ronald Reagan, solidified the divide in the health litigation among judges named by Republicans and those named by Democrats.

In December, Judge Henry E. Hudson of Federal District Court in Richmond, Va., who was appointed by President George W. Bush, became the first to invalidate the insurance mandate. Two other federal judges put on the bench by President Bill Clinton, a Democrat, have upheld the law.

The Florida plaintiffs, led by the state’s former attorney general, Bill McCollum, ensured they would draw a Republican-appointed judge by filing the lawsuit in Pensacola. Mr. McCollum left office this month after losing last year’s Republican gubernatorial primary, but his successor, Pam Bondi, also a Republican, fully supports the lawsuit.


I don't like the part where it says that the whole law could be struck down. This kinds of rulings are not really surprising, and the fact that they deliberately sought a republican-appointed judge says a lot about how our judicial system works.
Gabu

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Posted on 01-31-11 08:35:30 PM Link | Quote
Agh where's my face and how do I palm it?

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Nicole

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Posted on 01-31-11 08:38:29 PM Link | Quote

Apparently, the judge referenced the Boston Tea Party in the decision.

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.

No, seriously, he said that.

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BlackNemesis13
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Posted on 01-31-11 08:40:19 PM (last edited by BlackNemesis13 at 01-31-11 05:40 PM) Link | Quote
You know, I agree that our healthcare system is fucked and needs a MAJOR overhaul, but I have never been too keen on the idea of solving it by "requiring all Americans to obtain commercial insurance". How is that going to help? Admittedly, I know next to nothing about the exact details of the healthcare bill as I haven't been keeping up much with it, but from what I understand, that is basically the solution they are offering. If I am wrong on this, please correct me and ignore the rest of my post.

If the healthcare reform bill is going to require all Americans to obtain commercial insurance, then it seems to me that that is actually going to shaft a great deal of the populace who can't afford it/don't need it in the first place. When I say "don't need it," I'm referring specifically to groups who don't believe in traditional medicine or to anyone else who for whatever reason will never see a doctor or invest in our healthcare system. They are a minority yes, but quite a few of them exist, and a bill like this will force them to pay for a service they don't need, will never use, or might even hate on principle.

The people who can't afford it are far more numerous, and at the moment I'm one of them. If I could afford health insurance, I would have it already. But I can't, so how is "requiring me to buy health insurance" when I can't afford it helping my situation at all? Now if what I've heard is correct, the government is supposed to provide a more "affordable" option which may or may not benefit people like me who are middle class depending on how "affordable" it actually is to each person considering it, but what about others who are so tight on money that they must chose between paying their health insurance or feeding their children? There are already thousands of cases like this regarding mandatory auto insurance. In short, there is a reason why a LOT of people drive without auto insurance even though it's against the law. Once it was "required" to have, those people became criminals, and if health insurance is "required" in the same way, then we will just make another large niche of people into criminals if they choose not to purchase it.

I can kind of understand the judge's point of a reform like this actually imposing on people's freedoms, because it does, but this also raises the question of "why is it unconstitutional to require health insurance, but perfectly legal to require auto insurance?" From what I can tell, they are the same problem in that regard.

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Shadic
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Posted on 01-31-11 09:06:28 PM Link | Quote
Lyskar
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Posted on 01-31-11 09:52:11 PM Link | Quote
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Metal_Man88's Post
Many judges have done little things like this before, only to be overthrown by the Supreme Court. Once that happens the law becomes indestructible from little tricks like this.

So, no big deal.

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Posted on 01-31-11 11:43:32 PM Link | Quote
Originally posted by Shadic
Man, this would be a great time for the whole "Public Option," thing.. Wouldn't it?


This.

I still don't understand why so many Americans view health as a privilege to the rich and not a basic right.


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Lyskar
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Posted on 01-31-11 11:51:02 PM Link | Quote
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That's because the 'public media' view propgandized to people says instead "We all have great health care and this threatens to wreck it!"

Therefore the easily beguiled believe any attempt to change the status quo is actually taking health care away.

Ah, the power of lies.

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Stigandr
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Posted on 02-01-11 01:05:40 AM Link | Quote
Originally posted by BlackNemesis13
You know, I agree that our healthcare system is fucked and needs a MAJOR overhaul, but I have never been too keen on the idea of solving it by "requiring all Americans to obtain commercial insurance". How is that going to help?

Yeah, this has been my biggest objection to the whole thing. The insurance companies are pretty much all run by a bunch of corrupt bastards anyway, far as I'm concerned.

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Shadic
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Posted on 02-01-11 06:25:31 AM Link | Quote
Orlandu


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Posted on 02-01-11 02:13:47 PM Link | Quote
Originally posted by BlackNemesis13
Admittedly, I know next to nothing about the exact details of the healthcare bill as I haven't been keeping up much with it, but from what I understand, that is basically the solution they are offering.

You and 99.9% of the rest of America. This bill was so convoluted, all 1990 pages of it, that its really hard to know what all is in it. The forced healthcare mandate was just one small piece of it that goes against fixing the healthcare issues. Insurance costs need to come down, yes. But forcing the insurance companies to reduce the premiums does not fix anything. All that does is require the company to downsize and reduce labor costs. The main issue of healthcare afford-ability is the cost of prescription drugs, hospital charges, and doctor fees. These prices have gone up so high over the past several decades, unchecked and unmanaged, that it has forced the rate of premiums to sky rocket as well. Everyone should have healthcare, but forcing it on people or charing a fine for not having it is going to have the opposite effect. There are some good initiatives in the healthcare bill to work towards fixing the system, but the majority of it is detrimental to this goal.

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Gabu

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Posted on 02-04-11 09:09:16 PM Link | Quote
This made me lol (note: The Onion is totally a satirical news website, but the overall joke is clear)

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