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Lawsuit on President Obama's health plan likely going to trial

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cal04 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-14-10 03:36 PM
Original message
Lawsuit on President Obama's health plan likely going to trial
http://www.msnbc.msn.com/id/39177510/ns/health-health_care/

A federal judge said Tuesday he will likely dismiss only parts of a lawsuit by 20 states challenging the Obama administration's health care overhaul as unconstitutional, though he didn't specifically say what portions.

The Obama administration had asked U.S. District Judge Roger Vinson to dismiss the entire lawsuit. The states and the administration disagree over whether people should be required to have health insurance, and whether states should pay additional Medicaid costs not covered by the federal government.

The judge said he will issue a ruling by Oct. 14. The lawsuit is likely to wind up before the U.S. Supreme Court.

(snip)
"This court is free to disagree with Congress' policy judgments but it is not free to overturn 75 years of Constitutional law," he said.
( Ian Heath Gershengorn, deputy assistant attorney general.)
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JuniperLea Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-14-10 03:38 PM
Response to Original message
1. Constitutional Law...
That's what it all boils down too... no matter who pressures whom.
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napi21 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-14-10 03:47 PM
Response to Original message
2. GOOD. I WANT it to go to trial, all the way to the SCOTUS! nt
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Cal33 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-14-10 03:57 PM
Response to Reply #2
5. If it does go to the SCOTUS, we know what the result is going to
be, don't we?
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prolesunited Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-14-10 03:53 PM
Response to Original message
3. I thought the GOP hated activist judges?
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RC Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-14-10 05:12 PM
Response to Reply #3
8. Only when it's not their activist judges.
But, you know that.
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-14-10 03:54 PM
Response to Original message
4. Judge Vinson is a Reagan apointee:
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iamtechus Donating Member (868 posts) Send PM | Profile | Ignore Tue Sep-14-10 04:21 PM
Response to Original message
6. "75 years of Constitutional law" -- What happened 75 yrs ago?
It is implied that some statute or court ruling from 75 yrs ago (1935) is being directly or indirectly challenged by the suit.
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Bitwit1234 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-14-10 04:23 PM
Response to Original message
7. If it goes before the Supreme court we all know what that means
What I can't understand is how can any state challenge a federal law. So if this passes that means that we can refuse to pay income tax and the court can't do anything. And then look at each of the federal laws and refuse to obey them. a soldier then can't be ordered by the president to be deployed to combat can he.
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