FOLKS, he ONLY declared A PART of the Health care bill unconstitutional not ALL of it

[DainBramaged]

A U.S. judge in Virginia on Monday declared unconstitutional a key part of President Barack Obama's landmark healthcare law in the first major setback on an issue that will likely end up at the Supreme Court.

U.S. District Judge Henry Hudson, appointed to the bench by President George W. Bush in 2002, backed arguments by the state of Virginia that Congress exceeded its authority by requiring that individuals buy health insurance by 2014 or face a fine.

Top politics news Va. federal judge strikes down health care law
Updated 112 minutes ago 12/13/2010 7:11:55 PM +00:00 A U.S. judge in Virginia on Monday declared unconstitutional a key part of President Barack Obama's landmark healthcare law in the first major setback on an issue that will likely end up at the Supreme Court.

"The Minimum Essential Coverage Provision is neither within the letter nor the spirit of the Constitution," Hudson wrote in a 42-page decision. However, he declined to invalidate the entire healthcare law, a small victory for Obama


http://www.msnbc.msn.com/id/40642879/ns/politics-more_politics/

And the posting bug appeared so panic will ensue until people READ more about his decision.

[DainBramaged]

1. Jesus stop panicing people

[madokie]

5. Surely, you are kidding right?

About some people around here not panicking. :-)

Upon first reading this news of the judges ruling I had to go take a nap and sure 'nuf when I woke up the story had changed to what it is now.
I guess there is so much crazy going around that some of it has to rub off on this place too :evilgrin:

[dkofos]

2. But it still OK to mandate auto insurance.

If you pay a repube judge enough you can make them say ANYTHING.

[Abq_Sarah]

15. When the congress

Passes a law forcing me to buy an automobile, the car insurance comparison will no longer be a massive fail.

[former9thward]

3. It was the main section.

Without a mandate the whole thing falls apart.

[surrealAmerican]

22. Without the mandate, what we're left with ...

... are a set of sensible restrictions on insurance company practices. Those were the most important part of the legislation to begin with. The mandate was put in to get the companies to agree to the restrictions.

[former9thward]

25. No, the mandate was central to those restrictions.

Even the WH agrees with that.

[Occam Bandage]

4. Folks, they've only guillotined a PART of the king's body not ALL of it.

Only the neck has been severed. The rest of his body is completely intact.

[superduperfarleft]

12. LOL. n/t

[dkofos]

6. If you pay a repube judge enough you can make them say ANYTHING.

[dkofos]

7. If you pay a repube judge enough you can make them say ANYTHING.

[Mike 03]

8. No shit. I am quite certain people here are capable of reading and understanding the implications

of what they read. But thanks for your awesome warning.

[Better Believe It]

9. Is it a bad decision? How can the government force us to buy a private product or

be fined by the government?


Car insurance is different. You don't have to drive if you don't want to pay. Take public transportation, ride a bike, walk or get a ride.

Getting sick or injured in an accident is not a voluntary matter.

[Phlunk]

10. I agree with this decision

As should all of us. We do stand for freedom right? Should the government be able to force anything it wants on us? Though I support the premise of the health care bill this is always a part I have had trouble supporting. If they can tell us we have to buy health insurance.....whats next? As a lifelong democrat I am in favor of the health care bill as it stands with a few exceptions, this is one of them.

[Occam Bandage]

11. The mandate is necessary.

Without a mandate, you have to allow insurers to drop anyone who gets sick for having a "pre-existing condition," or for hitting coverage limits (otherwise, people could simply go without coverage, sign up as soon as they got sick, and switch plans as soon as they hit a limit). Without a mandate, you're giving insurance companies free rein to deny coverage to anyone they want.

And the notion of a mandate isn't anything new. We have a mandate for auto insurance, and for good reason.

[Marr]

14. Hasn't the auto insurance equivalency been shredded about a thousand times here?

An automobile is something you choose to purchase. Government can regulate a purchase like that. You can't just order everyone to buy some product because they are alive, however.

I agree that this "mandate" is an essential part of Obama's plan, and that's one of the major reasons that something like Medicare for all would've been a better approach. Obama's plan won't stand up to the courts, and with good reason.

[Abq_Sarah]

16. Medicare for all

Paid for with taxes would have cleared every legal hoop since we've already established precedence with SS and Medicare.

[Phlunk]

17. Auto insurance is different

They can mandate auto insurance as driving on a public road is not a right. You can only drive on a public road if you are meet the requirements and are given permission.

On the contrary we have the right to not buy insurance or go to a doctor even. We all have the right to stay home and die if we wish.

[RegieRocker]

18. Driving is a right

Just as it was to own and ride a horse. It is in the constitution for all to be able to move ( travel) etc.

[Phlunk]

19. If driving was a right

you wouldn't need to pass a test and be issued a license. Driving a motorized vehicle on a public road is a privilege, not a right. It's not a guarantee in the constitution.

[RegieRocker]

20. We give our rights away to freely

by protecting ourselves from others and it continually keeps getting worse.


Q62. "I have a friend that told me that I have a
constitutional right to travel in this country. He stated that to tax that
right with driver's license fees, motor registration, license plate fees and a
gas tax is unconstitutional and that some people resist this 'violation' in
various degrees by challenging then in a court of law and eventually having
them overturned. Is there any truth to this and what do you base your
arguments on."
A. You don't have an explicitly stated constitutional right to travel within
the country, but since you are not restricted from interstate travel, the 10th amendment says you have the right anyway. It
could be reasonably argued that Article 4, Section
2, Clause 1, presumes the right to travel between states when it says that
a citizen of one state shall have all the rights of a citizen of another
state.
Driver's license fees, state gas tax, license plate fees, registration
fees, and any other auto tax imposed by the state are entirely constitutional
under the U.S. Constitution, which basically says the State can do anything it
wants to, as long as the Constitution does not expressly forbid it. Unless
that state's state constitution forbids such a tax, it is legal.
Federal gas taxes are constitutional under Article 1, Section 8, which states that the
Congress can lay excises, which is what the gas tax is.
So it's no wonder that any case challenging these taxes is thrown out of
court.

http://www.usconstitution.net/constfaq_a4.html

[Phlunk]

21. Travel may be a right

but driving on a public road is not a right.

[RegieRocker]

23. I know you couldn't

have sold that to the pioneers of this country in regards to horses, wagons, buggy etc. People were run over by those modes of travel also.

[superduperfarleft]

13. The entire thing falls apart without the mandate.

It's not over until the USSC rules on it, though. Who knows how that will go.

[SoCalDem]

24. "We" know that, but republicans are great at "thread pulling"

a thread here..a thread there, and soon enough the whole garment unravels.

There's a reason they coordinated their "attacks". They WANT a whole bunch of decisions here and there..just enough to totally muddy the waters. Then their Fox/Fox-like "newsies" will huff & puff 24/7 about how complicated it is, how dangerous it is, how it needs repair, etc.

Their antics remind me of the people on infomercials who nearly maim themselves & destroy their kitchen trying to open a container...but wait... THIS miracle plastic product..for only $9.99 + $30 in shipping & handling fees will solve that problem forever...

The republicans WANT it to be so confusing and controversial that the ONLY result is to kick it to SCOTUS, where FIVE eager people are waiting...waiting to send a message to that "Kenyan guy" who's squatting in THEIR White House..