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Florida Judge Declares Entire Healthcare Law Void
After a month and a half ago, a Virginia Judge found a key provision of the healthcare law unconstitutional, today Roger Vinson, Judge in a federal district court in Florida has found the entire healthcare law void.
From TPM:
A federal district court judge in Florida ruled today that a key provision in the new health care law is unconstitutional, and that the entire law must be voided.
Roger Vinson, a Ronald Reagan appointee, agreed with the 26 state-government plaintiffs that Congress exceeded its authority by passing a law penalizing individuals who do not have health insurance.
"I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate," Vinson writes. "Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void."
And some more from Bloomberg:
President Barack Obama’s health care law, assailed as an abuse of federal power in a 26-state lawsuit, was ruled unconstitutional by a U.S. judge who said Congress overstepped its authority to regulate commerce.
U.S. District Judge Roger Vinson in Pensacola, Florida, declared the entire law unconstitutional today in a 78-page opinion. He said the law’s provision requiring Americans over 18 to obtain insurance coverage exceeded Congress’ powers under the commerce clause of the U.S Constitution.
Florida filed suit on behalf of 13 states on March 23, the same day Obama signed into law the legislation intended to provide the U.S. with almost universal health-care coverage. Seven states joined the suit last year, and six this year. Virginia sued separately on March 23 and Oklahoma filed its own suit on Jan. 21.
“Regardless of how laudable its attempts may have been to accomplish these goals in passing the act, Congress must operate within the bounds established by the Constitution,” the judge wrote. “This case is not about whether the act is wise or unwise legislation. It is about the constitutional role of the federal government.”
The ruling by Vinson, who was named to the federal bench by President Ronald Reagan, a Republican, in 1983, may be appealed to the U.S. Court of Appeals in Atlanta. An appeals court in Richmond, Virginia, is already slated in May to hear challenges to two conflicting lower-court rulings in that state, one upholding the legislation, the other invalidating part of it.
Supreme Court
The U.S. Supreme Court may ultimately be asked to consider the issue. According to Vinson, of the four courts that have ruled on the health-care act, two have found that Congress exceeded its authority, while two have not. Vinson’s ruling is the first to invalidate the entire act.
“The judge has confirmed what many of us knew from the start: Obamacare is an unprecedented and unconstitutional infringement on the liberty of the American people,” Florida Governor Rick Scott, a Republican, said in a statement.
The 955-page law bars insurers from denying coverage to people who are sick and from imposing lifetime limits on costs. It also includes pilot projects to test ideas like incentives for better results and bundled payments to medical teams for patient care.
That is all.
And BTFD.
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It will cost them more than $695 the day they go to collect it. Seriously, Amerika has some pretty sick people, and guns, lots of guns. You can't outrun 1500 feet per second...
you should get a rifle
Or better munitions.
3,825 fps and 62gr ftw.
Yeah, if you have a sqaud of similarly packing friends... Since I don't, I stick w/ .30 cal.
HUFPO news director for ZH wont like this
Fuck it and HUFPO.
...and the horse they rode in on and the dog that followed them into town!
What he said!
A brief moment of sanity.
A used car dealer I know named Turd offers free tires.
Agreed. Seems a bunch of left wing hippies disagree with us.
Hippies would take offense to being called, "Left Wing".
So What!
There is no shortage of Hamburgers, so the average American will bend over and take it.
"The constitution was made to guard the people from good intentions." - Daniel Webster
"The more corupt a state the more numerous the laws". Tactius - Roman Senator
I feel better already.
Nice, but the decisions have divided down partisan lines: Health Plan constitutional in front of "Dem" judges, not so much in front of "republican" judges.
I attended a seminar on the implementation of this ongoing trainwreck and even the seminar speakers appeared fairly stumped.
Pretty words on paper but no practical application and enough loopholes to drive a tank through.
the good news is come renewal time, EVERYONE can expect about an 40% increase for family premiums and up to 25% for individuals. (Ya hearin' me Bruce K?, we'll be with ya).
I wonder how all those House and Senate members feel knowing they sacrificed themselves for nothing. Good riddance.
Pretty soon the only thing left of Obama's legacy will be cutting taxes for the rich.
GOOD JOB OBONGO
Crap, you are correct. And it's been 15 minutes since you've been flagged. Is it Friday or Monday? Time for my pills.
++
LMAO !!
this could have an effect on all 57 states yobama won
The Kenyan who was KING, has to worry about his 57 states going Radical Jihad CRAZY.
Stop and think about that number, your the PRESIDENT OF THE UNITED STATES OF AMERICA, and you do not even KNOW how many STATES there are in America?.
Shoot me now!.
2010 wins by the Rs do make a difference, even if only a little.
Small Government, Bitchez!
Tea for two ;-)
They will, shrink government, cut taxes and allow the people to prosper, one way or the other.
Awesome
Ohnos! What will this do to the social security deficit?
Does that also declare the $600 1099 thingy void?
Yes, it would void that provision. Whether it actually stays in force pending appeal depends on if the judge included that in the opinion, or if the feds ask for an injunction from the appeals court - I'd presume they will.
Hallelujah if Obamacare goes down then!
A two-fer!
I believe one of the differences with this bill was the lack of a 'severability' clause which most other legislation contains. Without the severability clause, if one section of the bill is declared void, the the entire bill goes down.
Exactly right. The severability clause was left out, an error that was caught but couldn't be fixed because of the way they passed the law, i.e. jamming the House-modified Senate version through the Senate via a parliamentary end-around that didn't allow for any way to even fix spelling errors.
I believe it does as the 1099 thingy was part of the HC bill.
No. It will now be called a "carbon tax".
HEAL THE WORLD MOTHERFUCKERS!!!
MOTHER EARTH'S SOCIAL SECURITY!!
60 - 70% of Americans were screaming that it was unlawful and that they didn't want it RIGHT before our politicians passed it for us.
BTW we have had governing officials who have declared the Constitution a barbaric relic and don't consider it when passing legislation.
So how is the republic working out?
I'm not sure but make sure you pick up a copy of the Constitution on your way out at the gift shop for $24.95.
Kind and generous offer, but I'll ask my congresscritter to mail me his - he's apparently not using it.
they keep it in the stall
I saw a documentary hosted by Nick Cage where a guy bought the Declaration of Independence for $34.99.
only in america would you see a person scoff at the document that legitimizes their livelihood. Sadly, your assessment sounds pretty fair.
Reading and understanding the Constitution is some sort of "fetish" to those who are supposed to abide by it...LOL.
Strange days indeed.
What, you mean like the f%^&*(() prez?
So let me get this straight, Obama sold out on the PUBLIC OPTION and delivered us an unconstitutional individual mandate.
WHAT A FUCKEN RETARD SELL OUT.
May this fucker continue to be disrupted dismantled and defeated.
Maybe that was the plan all along?
Nope. Obama is too smart for that.
...gulp...excuse me.
"Obama is too smart for that."
You're batting like 0 for 95 today. Keep it up, the minors (yahoo boards) are always there for you.
Maybe the Republicans can come up with an actual plan to replace it? Finally....
seething racoon anger not good
Have you not heard, the Republicans just want to kill people and poison the environment while they live in big Republican bubbles in Republican land..
i love raccoons... the lone ranger mask, the whiskers, the little happy intelligent hands... and the perky teddy bear ears!
Never mess with an Angry raccoon!
Had one in the chicken coop, well not for long..
The judge should impose a penalty to all that voted yes, to reimburse all expenses this law have caused. If your health care plan got more expensive because of this you have a standing in court, I presume.
Wait, you mean like from their estate?
now how to get those politicians to refund taxpayers for the year they spent working on this crapfest.
so much for that big dick operation.
Try a come along and a gallon of KY, it'll come out eventually.. Probably with your large intestine
ROFLMAO!
LOL - not a word from the obama business channel
send us your story of strength; erin finds flowers selling well in cairo
Of course the morons on CNBS don't do enough any diligence on ANYTHING, so she probably doesn't know that the flower sales are up becaus--as often happens with revolutions--so are FUNERALS.
Hear Erin this morning, reporting from Egypt, that those oil rich countries hand out cash to the citizens to keep them placated and calm. I was dumbstruck by the irony of her description of what is going on in her own home country. Oblivious!
Difference is that they give us money in the U.S. because they love and care for us.
They love our complacency and care about their own safety.
Ding don't, the witch is dead!
(I know, I know, appeal to Supreme Court, all comes down to what Anthony Kennedy had for breakfast.
whoops, they forgot to pay off a judge. so careless. no matter, supreme court will overturn it. they didn't forget to grease them.
Fine.... don't make it mandatory, rewrite it so that if you don't want it, you waive your right for medicare...
Better yet, get a public option and put the screws to those cocksucker health care execs.
Yeah, put the screws to those evil health care execs. That 2.5% profit margin they make is obscene.
Exactly. Preach on Comrade. While they are rewriting this gem, let's see if they can go ahead and ban any profits by corporate America and just go ahead and outlaw the hording of capital. As the great one told us that capital is just dead capital, that is vampire like and sucking the life out of living capital.
Glory to World-Wide OctoberAnyone walking away with $150,000,000 from a health care company didn't earn it. Go ahead, call me a Marxist or whatever label you think of, but anyone that makes that kind of money from healthcare that is not a direct caregiver or doctor is only profiting on the misery of others. And by any measure that is wrong. That's all...
I would much rather put my faith in an incompetent state when it comes to healthcare than into the hands a greedy sociopath at a private insurance company. Lord knows I have dealt with enough of them.
BTW, I have lived in 3 countries, 3 different states in the Union and dealt with 4 different national healthcare systems, all involving major procedures and treatments. Health care insurance as it currently exists in this country is royally fucked. Those that cry "Freedom!" have no idea of the level of slavery that they suffer from the health care insurance providers.
If you have the means or job that provides a plan you are happy with, then more power to you. You are in the minority.
Outlaw the insurance! Free market healthcare, bitchez!
I would much rather put my faith in an incompetent state when it comes to healthcare than into the hands a greedy sociopath at a private insurance company. Lord knows I have dealt with enough of them.
It's not a question of putting your faith in one thing or another. If the government compels citizens to participate in a medical plan or a retirement plan or some other aspect of the so-called safety net then participate you will. Your faith, no matter how eager and subservient, is not required.
As I wrote above, one should be able to opt out. But don't expect to suck on the government teat when you need to. Unlike some here, I do respect choices and freedoms.
Unrealistic. The government teat is caring, gentle and perpetually full of loving milk. Opt out if you want but at the end of the day we will take care of you.
Alas, I fear you correct...So much for those taking a stand based on your cherished beliefs, when push comes to shove, everyone shall demand to sup on that teat.
And yes, it is faith. You have faith that your insurance company ain't goona fuck you around when you need them.
I have had claims denied by Oxford, dubious pre-existing condition riders attached for my children when I was going on the purely private route; 6 weeks of waiting for an MRI, getting shafted by non-coverage for an emergency room visit. Getting hosed on retro-active increases to co-pays. Not to mention a heart-warming experience with COBRA.
What I like is how you pick $150,000 dollars out of your ass and tout it as "unearned". How the Hell would you know what they "earn"? I'm sorry if $150K seems like enough money for you draw the evil line at, but take heart; that'll be minimum wage soon.
Thats 150 million, jagoff, can't even fucking read, can you and why don't you check up on what the CEO at United Health pulled down last year.
Actually, I stand corrected and apologize.
See, I'm actually man enough to admit when I'm flat ass wrong.
EDIT - I will still stand by the minimum wage thing though; it will just take an additional year to get there.
Apology accepted.
There's something you don't see much anymore.
/hat tip
those who contributed well to obama have already been "waived"
Hell yes.
I agree with nonclaim. Every person who got hosed by the pre-emptive coverage hikes, like that mind numbing 59% rise in Blue Shield in Ca., should get a bail out. Finally some class relief where it belongs.
...at 59% it should be referred to as Steeley Blue rather than Blue Shield!
There is so much monie riding on "Health Care". Money will shake back and forth until this thing gets to the Supreme Court. What kind of standing does this bill have? Global stakes are huge.
Taking OUR Republic back - Brick by focking brick
Excellent comment.
Onward, let's not stop now!
Fantastic news. A glimmer of sanity. I guess that batch of hopadope wasn't as strong as it should have been. Just laughing, 'Bummers signature legislation, ha ha ha. Of course with all the exemptions it was technically dead already. I think a Florida judge just engraved your epitaph Barry, "pathetic one termer but not as bad as Woodrow..."
Believe it or not, if this should go through your Insurance premiums will actually drop because all these BS mandates will be.......wait for it........ VOID BITCHEZ
VOID BITCHEZ
Error, to Pelosi, VOID BITCH
Ex-Speaker Botoxoid Speaker.
Still makes me smile...
Help!! I've fallen and I can't get up...Cause I am laughing so hard that the dopes who voted for the healthcare reform look like baboons!
Well, the COSTITUTION stil matters to a few honest Feds.
I say to D.C., and the bstds who created this social ,money scamming control monster SCREW you and the horse you rode.
End around TWO Fed Judges on the same ruling, and you will answer to the PEOPLE.
SCREW you and the WHORES you rode."
Fixed it for you DosZap!
I predict that this decision will be overturned at a strategic time.
Obama's etatist friends in The Supreme Court will reinstate the law, based on an interpretation of the interstate commerce clause.
Choosing not to purchase healthcare insurance is certainly something that affects interstate commerce. Just like picking your nose and putting it under your seat, instead of using a Kleenex, affects interstate commerce. Congress can thus legislate against both activities.
You have to be incredibly stupid to think Obama can get a favorable ruling with Roberts court.
"It's not a question of an abstract fact, does this affect interstate commerce or not, but has this body, the Congress, demonstrated the impact on interstate commerce that drove them to legislate? That's a very important factor." - John Roberts
I can see this law going through.
No, you just have to (correctly) factor-in that said decision boils down to out of which side of the bed Anthony Kennedy arose that particular morning.
++++
Let me fix this for you. "You have to be incredibly stupid to think Obama can get a favorable ruling with Roberts court as they have a smidgen of decency and legal acumen left" There ya go..
It will happen WHEN and IF Obama gets ONE more SCOTUS appointed.
Kennedy decided to stick around for just such an occasion as this.
I mean...when you already have 28 of the 57 states openly hostile to it...LOL.
It's dead meat...bank it...another might even roll on him...it's all over except the bleating.
I say if anyone can walk in to a ER w/o insurance and get seen making my premium pay for them, make everybody pay.
you the asshat jacking my homeowners and mortgage insurance by squatting on your mooch motel?
If you want healthcare, you pay for it. If you want insurance, you pay for it. If you want neither, Obummer says you pay for it anyway. Soon there will be legislation that everyone must buy a GM whether they need/want a car or not. FU and your facsocialism.
This is a big, fucking thing. Right, Joe?
It's like hitting a home run off Andy Pettite in the first inning in World Series game 1. It's great, but you still have another 8 innings to go to win the first round.
Do not underestimate those nanny harvard grads on the lofty bench...those moonbats may end up making the 9th circuit look like neo cons.
The fact that Obama was adopted by Indonesian Lolo Soetoro in the 1970s, and his name was legally changed to Barry Soetoro at that time, is most likely the reason he is spending millions of dollars to hide his birth certificate. He never filed the papers to change his name back to “Barack Hussein Obama, Jr.”, so any birth certificate produced by the state of Hawaii would list him as “Barry Soetoro”.
That really bothers you, doesn't it? I get a kick out of your apoplexy.
0 for 96.
Got anything relevant to THIS thread at THIS time?
YAaaHOOooo!!
++++
I can only wonder if his total junk count is over 100 by now.
I don't think I've ever junked him. He isn't bright enough.
He was trying in the gold thread this morning, but got his ass handed to him like nine times. Now he's working the birther angle.
WORST TROLL EVER!
Funny how so many Dems lost to Tea Parties over a law that has been declared void.
Demz sold out their base to get something that was unconstitutional.
The Democratic party needs to be abolished. It's fucken useless
lolwut? ALL of 'our' politicians are wholly corrupted by lobbyists representing interests.
there is no tenable argument that can defend any of the US' selected politicians, all of which are guilty of taking bribes!
you not only appear ignorant by playing a partisan card, but you are playing right into the plan of oligarchy's media lines - orchestration of infighting among the unwashed masses.
Not really, the GOP know their base, the fucken rich and the entity U.S. citizen corporations.
Dems are in the "other party" and pretend to stand for something. They don't, they are like balless Republicans
I stand by my statement that the democratic party needs to be abolished.
Alco, LOTS of established rich are Dems. They do not want more in the club (more open seats at the tony restaurants, etc.).
Thos rich who are Repubs typically EARNED their way their, you know, the nouveau riche that the old money hates. Look it up. Who did the Jews vote for? QED.
My last remark above. I am not anti-Jewish, nor even anti-Zionist. I have no problem with Israel being our friend. I am just proving my point that the established snobby rich tend left (because they ALREADY HAVE their $).
Let's look at your premise. Yes, the Dems have plenty of old money East Coasters who lean left and don't want anyone else in the club. I'd buy that. And yes, they are despicable.
On the other hand we have someone like George W. who was born rich and acted just like the worst kind of dry-drunk, small town country clubber / frat brat you could find during his precidency. His kind is despicable too.
However, to your point about Repthugs who made their money, let's look at guys like Dick Cheney and Donald Rumsfeld. They did make their own money, and they are the types of guys who would cook live babies and eat them if it would make them more money. It's funny how folks in this country have this goofy idea that making your own is somehow more honorable, despite what you did to make it.
Hmmmm...how about I choose none of the above to supposedly "lead" this country.
George, you make a good point about my over-generalizing. One for you.
...
Link to Cheney or Rumsfeld cooking or eating babies? Thought not.
Kennedys? The old man himself made his dough breaking the Prohibition. I KNEW one of the Kennedys (my generation's Kennedys), kind of loathsome sort he was.
You also forgot the California rich, who also wallow in the Socialist Marxist swamp. Although some of them DID earn their money (Fondas, Mayers, Sean Penn, Danny Glover, Alec Baldwin, etc.).
Also forgot Liberals Bill Gates and Warren Buffett, both were BORN rich. OK, they made a lot more as they WORKED for it. But my main point stands:
Lots of RICH do NOT want more joining the club. The nouveau riche are just SO tacky...
EDIT:
Criminal is bad, crooked is crooked. I think we can agree on that.
+ 100.
keep hammering it home, the only side is "them" against "us" - same as it ever was.
"the only side is "them" against "us" - same as it ever was."
Dead on right. BOTH parties exist to keep the wealthy and powerful 5% in wealth and power. All the rest of their crap is just to keep the sheople passified or fighting each other over the scraps...and it works!
I always love the talk about socialism in this country. THEY have always had socialism for THEM. They have the golden parachutes, the no-bid contracts, the bail-outs at taxpayer expense. Meanwhile they tightened up the bancruptcy laws on the rest of us. Is that one still valid? You bet it will be until this crap-pile of hypocrisy finally collapses.
+1
Notice how when the GOP try budget cuts the Dems go on TV and start gobbing off about military spending also being on the table for budget cuts. That scares the crap out of GOP politicians because they know their campaign sponsors (military industrial complex, Homeland Security etc) will be on the blower in 5 minutes to tell them to get the Dems to shut up and strike a deal under the table. Result, nobody in Washington ever cuts budgets, they only ever expand.
The left and right both have HUGE Ponzi Schemes and they've come to an 'arrangement' over the years that they don't knock chunks out of each others criminal enterprises, parasiting off the US citizens.
Understand this and everything falls into place, you understand Washington. 2 sets of parasites living off one host, so ignore the red and blue ticker-tape, it's just fuking window dressing.
Exactly right, the Socialism was always funded by us for the TBTF oligarchy.. Whether they have an R or D by their name the regulatory capture and unrelenting war on the middle class propagated by both sides using different methods is the key.. Unseat the oligarchs... Free the American people to experiment with true Capitalism, we have not tried that in some time, lets giver a go..
I truly could not give a shit if I am junked, but how do you junk that statement? Looks like unvarnished truth to me, explain yourself pussy..
2nd that. But move on from socialism (Big Govt), the parasites have too. There may be some believers still but it's not the method anymore. It is as you describe Big Govt and Big Corp in collusion, using regulatory (and financial) capture (ie. fascism). Both D and R use this method to pervert free markets, snuff out competition in the marketplace and hoard societies wealth to the centre for the parasites self-enrichment
+1
Gee, the healthcare law is void. So are the laws that protect the public from Wall Street and corporate induced peasantry.
Hang on, if things keep going the way they're going it'll be a mob saying the judge's laws, all of them, are void, as are the judges and "law-makers" when the entire system collapses and rebuilds itself. Glad I'm not in a "position of power" these days.
I am no fan of the health care legislation, but striking the entire bill, rather than the portion deemed 'unconstitutional,' is strange procedure, especially for a federal court.
I think the judge wanted to make headlines on this one. By striking the entire legislation, he significantly increased the odds of being reversed on appeal.
as the judge noted, the law was written to specifically be "NOT severable"
dictionary:
A severable statute is one that after an invalid portion of it has been stricken remains self-sustaining and capable of separate enforcement without regard to the stricken provisions.
What he said..
Blame the Dems for the way it was written. They didn't use the proper legal language to separate parts of the bill, or something like that.
they did it that way intentionally. if the part requiring forced purchase of insurance wasn't upheld, they didn't want the rest of the bill.
Not just the Dems, blame the SEIU, and the Union thugs who wrote the SOB.
In the same chambers, and same time, carving out the Bill.
The OLD # of 222 that were let OUT of the bill, it has now gone to 700+,
If it was SO damned good, why opt out?.
The other earmarks, like the home sales tax, and the 1099 /$600.00 shit,HAD ZERO to do with health care!!!!.
And the likely DOZENS more we have yet to see.
DosZap and I are reading this right.
2000 pages long.
Obama pals get exempted, EXACTLY RIGHT that if this was such a good deal for us, why let your cronies opt out?
If Supremes and the Rs in the House show us some cojones, then A.M.F. to Obamacare!
"Obama pals get exempted, EXACTLY RIGHT that if this was such a good deal for us, why let your cronies opt out?"
720 exemptions at last count.
How could that have been missed? Oh yeah...they told us to pass it so we could find out what's in it. Guess the judge didn't like what was in it.
Wrongo. This bill contained no serverability clause - likely because they were too busy larding it up and jamming it through to do it right - or the SEIU who probably wrote the thing didn't have enough experience to inlude one.
No serverability, the entire bill is overturned if one part is unconstitutional.
.
A severability clause in your leases or your laws is always a good idea, keeps judges from tossing the entire lease or law.
BINGO!
Thats what you get for being so damned cocky, and thieves.
Written by thugs, and all for themselves, now, and later.
BINGO!
Thats what you get for being so damned cocky, and thieves.
Written by thugs, and all for themselves, now, and later.
so in other words the peeps that voted for it violated their oath of office?
absolutely. but how long has it been since we held politicians, let alone their banking puppeteers accountable?
Oaths??
The majority of these asses, hate the Oath, and the rest do not remember it.
HaHA I wonder if anyone walked into Joe Bidens office with this tidbit of information and said "Hey Joe...This is a really Big Fuckin Deal" BWahaaa
This is great! Now its Dodd/Frank's turn!
Those two are protected by an army of leprechauns.
so if you can't be forced to pay Health Insurance as "unconstitutional" is it only a matter of time Income Tax and the IRS hit the bin too?
I'd like to nominate you head of the committee to look into that one.