The Florida judge (Judge Vincent), backed up the earlier Virginia appeals court ruling, in that states federal state court, that Obamacare is UNCONSTITUTIONAL l!!!
Cordially, Kevin
p.s. I KNEW the liberal's could not force America into socialism
[This message has been edited by kevin (edited 01-31-2011).]
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03:11 PM
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Boondawg Member
Posts: 38235 From: Displaced Alaskan Registered: Jun 2003
The Florida high court backed up the earlier Virginia appeals court ruling, in that states federal state court, that Obamacare is UNCONSTITUTIONAL l!!!
Cordially, Kevin
p.s. I KNEW the liberal's could not force America into socialism
Judge Roger Vinson, a Reagan appointee serving in Pensacola, Florida, ruled that key components of the law are unconstitutional and that the entire law "must be declared void."
In the decision, Vinson writes:
"... I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one sixth of the national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute has been about how Congress chose to exercise that power here.
Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void."
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03:24 PM
avengador1 Member
Posts: 35468 From: Orlando, Florida Registered: Oct 2001
That is what happens when lobbyists write the bills and the politicians rubber stamp them without reading them. And this was all supposed to change when the constitutional scholarly one took over.
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03:36 PM
82-T/A [At Work] Member
Posts: 25393 From: Florida USA Registered: Aug 2002
There are some issues with the health care industry, and the new Republican Congress should act quickly to fix them, but I am very relieved that the constitution has prevailed this time.
While I like this decision, I would never characterize any court decision as "the people's voice". The courts are at best twice removed from the people since the judges appointed by the President who is the one actually voted into office.
The only time that I would consider anything as the people's voice is when the voters directly vote for something or some one. What those elected officials do after taking office may not be what the people who voted them there actually wanted.
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03:43 PM
avengador1 Member
Posts: 35468 From: Orlando, Florida Registered: Oct 2001
I am 1/2 happy, 1/2 concerned. the 1/2 happy is - the problem with US Health care is NOT the health care - it is the insurance companies - and, being forced to buy into the problem SUCKS 1/2 concerned - now what? are the insurance companies gonna make things even worse now??
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03:48 PM
partfiero Member
Posts: 6923 From: Tucson, Arizona Registered: Jan 2002
The Florida high court backed up the earlier Virginia appeals court ruling, in that states federal state court, that Obamacare is UNCONSTITUTIONAL l!!!
Cordially, Kevin
p.s. I KNEW the liberal's could not force America into socialism
After the SCOTUS rules, it will give BO something to pout about in his next SOTU campaign speech. The genius of our founders rings true!
[This message has been edited by partfiero (edited 01-31-2011).]
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03:51 PM
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82-T/A [At Work] Member
Posts: 25393 From: Florida USA Registered: Aug 2002
Originally posted by Doug85GT: While I like this decision, I would never characterize any court decision as "the people's voice". The courts are at best twice removed from the people since the judges appointed by the President who is the one actually voted into office.
The only time that I would consider anything as the people's voice is when the voters directly vote for something or some one. What those elected officials do after taking office may not be what the people who voted them there actually wanted.
I can't remember if I voted for this guy, but I'm quite sure that the members of this Florida High Court were elected by the voters of Florida. I thought that only the members of the Federal Supreme Court were nominated by the President of the United States, and then appointed by Congress (if approved).
are the insurance companies gonna make things even worse now??
The government run variety would have made it ten times worse than anything the private sector would be allowed to get away with. Sure there will be new regulations, but they better be a bit better thought out than all of the piss poor regulations passed under the current group.
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03:59 PM
Formula88 Member
Posts: 53788 From: Raleigh NC Registered: Jan 2001
Elections are next year and the voters will remember if they choose to do that. They better have learned their lesson from last year's elections or they will get a repeat of them next year.
I am 1/2 happy, 1/2 concerned. the 1/2 happy is - the problem with US Health care is NOT the health care - it is the insurance companies - and, being forced to buy into the problem SUCKS 1/2 concerned - now what? are the insurance companies gonna make things even worse now??
Pyrthian,
I am happy you are (finally) realizing that you can be "happy", like the other 68% of other American's, in that being 'forced to buy' into health insurance SUCKS. Only Obama and his liberal minions think that socialized health insurance is good. Welcome Now, after we finally conquered this issue, we are going to next focus on your hate for insurance companies. What is so evil about the ten of thousands of working American's who provide safety, assurance and investment income? These companies all do business in the United States---legally! I cannot understand how they are going to make what they do now, worse, in the future?
Cordially,
Kevin
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04:48 PM
NEPTUNE Member
Posts: 10199 From: Ticlaw FL, and some other places. Registered: Aug 2001
TWO for, two against. Idiot insurance industry puppets. http://en.wikipedia.org/wiki/Sabotage So now millions of dollars will be spent by both sides (our money) and the Supreme Court will finally say its OK. Gawd, youse guys are so predictably gullible. Do you REALLY think the administration didnt forsee this happening?
------------------
[This message has been edited by NEPTUNE (edited 01-31-2011).]
The rumored liberal's "fix" for the wording the judge based his ruling on, is to change the section that reuires everyone to purchase or be enrolled in a healthcare plan, to wording that offers the plan, set a time limit for enrolling, then anyone who wants in at a time after the window closes, would have to pay a higher premium. But that too, will likely be challenged as unconstitutional, as it also penalizes paasive citizens for not engaging in commerce, and even takes it a step beyond, by penalizing them for not engaging in commerce at a specific set time and date.
And that's the key--"passive citizens". Obamacare is attempting to levy a penalty on someone who is simply breathing in air and exhaling, for not engaging in commerce. It's erquivilent to mandating (with a fine for failure to comply) everyone buy liability auro insurance, whether they drive a vehicle or not.
Idiot insurance industry puppets. http://en.wikipedia.org/wiki/Sabotage So now millions of dollars will be spent by both sides (our money) and the Supreme Court will finally say its OK. Gawd, youse guys are so predictably gullible. Do you REALLY think the administration didnt see this happening?
Thank you. It's always good to re-aquaint ourselves with the definition of what's being done to the constitution.
quote
“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.
In his decision, Judge Vinson wrote: “It would be a radical departure from existing case law to hold that Congress can regulate inactivity under the Commerce Clause.” If Congress has such power, he continued, “it is not hyperbolizing to suggest that Congress could do almost anything it wanted.”
Can't wait till the next Federal Elections come and the few remaining Smart Kids get sent backing back where they came from.
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05:38 PM
partfiero Member
Posts: 6923 From: Tucson, Arizona Registered: Jan 2002
Idiot insurance industry puppets. http://en.wikipedia.org/wiki/Sabotage So now millions of dollars will be spent by both sides (our money) and the Supreme Court will finally say its OK. Gawd, youse guys are so predictably gullible. Do you REALLY think the administration didnt forsee this happening?
Says the guy who said the Tea Party was dead and Republicans would never be able to buy a vote again. What was that about a year ago you made that prediction? So I will believe you on this as well.
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06:12 PM
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blackrams Member
Posts: 33081 From: Covington, TN, USA Registered: Feb 2003
Idiot insurance industry puppets. http://en.wikipedia.org/wiki/Sabotage So now millions of dollars will be spent by both sides (our money) and the Supreme Court will finally say its OK. Gawd, youse guys are so predictably gullible. Do you REALLY think the administration didnt forsee this happening?
Correct me if I wrong, but it appears that you consider anyone not in favor of Obama Care to be an idiot and an insurance industry puppet? Those would most likely be the same folks that are so predictably gullible? Then, you ask those same folks that you apparently hold in total dis-respect if they think? I assume this was meant as a querie as to the expectations of one side of the aisle versus the other but does leave room for one to wonder if you are really questioning if they actually think.
I thought you smart guys were gonna start playing nice. BTW, your little sign and it's intent is not lost on us dummies. I believe it was some of you smart guys that wanted to tone down the political overtones and yet................ Maybe, just maybe if you presented your case in favor, a civil discussion could take place. Isn't that what you smart guys were hollering about not to long ago after the Phoenix shootings? Oh well, never mind. I don't mind the aggressive behavior, just don't get ticked when it's returned.
[This message has been edited by blackrams (edited 01-31-2011).]
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06:16 PM
Rallaster Member
Posts: 9105 From: Indy southside, IN Registered: Jul 2009
Idiot insurance industry puppets. http://en.wikipedia.org/wiki/Sabotage So now millions of dollars will be spent by both sides (our money) and the Supreme Court will finally say its OK. Gawd, youse guys are so predictably gullible. Do you REALLY think the administration didnt forsee this happening?
Actually, yeah.
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06:25 PM
rogergarrison Member
Posts: 49601 From: A Western Caribbean Island/ Columbus, Ohio Registered: Apr 99
I think the total is now 26 states saying its unconstitutional. Im glad were finally putting Barak in his place. Maybe he could go on vacation with Mobarak.....Somewhere south of Austrailia.
Yes, they did see it coming (counsel wrote the bill and final Act) and were very careful in their wording to try to attempt to circumvent constitutional scrutiny, by not connecting key parts of the bill to other parts. Judiciaries, have seen thru the disquise tho--or 1/2 of them have. The voters however, saw thru it in much larger #s and will continue to do so.
Correct me if I wrong, but it appears that you consider anyone not in favor of Obama Care to be an idiot and an insurance industry puppet? Those would most likely be the same folks that are so predictably gullible? Then, you ask those same folks that you apparently hold in total dis-respect if they think? I assume this was meant as a querie as to the expectations of one side of the aisle versus the other but does leave room for one to wonder if you are really questioning if they actually think.
I thought you smart guys were gonna start playing nice. BTW, your little sign and it's intent is not lost on us dummies. I believe it was some of you smart guys that wanted to tone down the political overtones and yet................ Maybe, just maybe if you presented your case in favor, a civil discussion could take place. Isn't that what you smart guys were hollering about not to long ago after the Phoenix shootings? Oh well, never mind. I don't mind the aggressive behavior, just don't get ticked when it's returned.
Oh c'mon now. You know that there's only certain groups who're allowed to utter the political equivalent of "nyu-uh" and it serve as a valid argument.
------------------ Whade' "The Duck Formerly Known As Wade" Duck '88 Ferrario '84 Indy (In A Museum)
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06:58 PM
Raydar Member
Posts: 41280 From: Carrollton GA. Out in the... country. Registered: Oct 1999
So, a Republican judge rules it unconstitutional-no surprise. Now for the appeal and onto the Supreme Court. It's not over, it's just at step number one.
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07:52 PM
fierobear Member
Posts: 27105 From: Safe in the Carolinas Registered: Aug 2000
Just like I've been saying since this monstrosity passed.
quote
Originally posted by Pyrthian:
I am 1/2 happy, 1/2 concerned. the 1/2 happy is - the problem with US Health care is NOT the health care - it is the insurance companies - and, being forced to buy into the problem SUCKS 1/2 concerned - now what? are the insurance companies gonna make things even worse now??
Time to hold the Republicans to their word that we get real reform. If not, vote 'em out and start over, repeat until they get it right. Oh, and feel free to stop by the "Republican Watch" thread. It's "put up or shut up" time for the R's.
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07:57 PM
fierobear Member
Posts: 27105 From: Safe in the Carolinas Registered: Aug 2000
Correct me if I wrong, but it appears that you consider anyone not in favor of Obama Care to be an idiot and an insurance industry puppet? Those would most likely be the same folks that are so predictably gullible? Then, you ask those same folks that you apparently hold in total dis-respect if they think? I assume this was meant as a querie as to the expectations of one side of the aisle versus the other but does leave room for one to wonder if you are really questioning if they actually think. + I thought you smart guys were gonna start playing nice. BTW, your little sign and it's intent is not lost on us dummies. I believe it was some of you smart guys that wanted to tone down the political overtones and yet................ Maybe, just maybe if you presented your case in favor, a civil discussion could take place. Isn't that what you smart guys were hollering about not to long ago after the Phoenix shootings? Oh well, never mind. I don't mind the aggressive behavior, just don't get ticked when it's returned.
More of the same bullshit from the left. It would seem they have exactly ONE play in their playbook - insult, ala Saul Alinsky. The funny thing is, that's ALL they've been doing toward us for 2+ years, more if you count the Bush years, and they STILL don't get the idea that it doesn't work. But that's the problem with having only one play, and just one plan. They really don't know anything else to do. It would be funny if it weren't so freaking sad.
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08:02 PM
texasfiero Member
Posts: 4674 From: Houston, TX USA Registered: Jun 2003
I am 1/2 happy, 1/2 concerned. the 1/2 happy is - the problem with US Health care is NOT the health care - it is the insurance companies - and, being forced to buy into the problem SUCKS 1/2 concerned - now what? are the insurance companies gonna make things even worse now??
I actually agree with Pyrthian. The big issue with insurance companies, auto companies, energy companies, etc, is they can't be honest and have integrity. Because the primary objective of a company is making money, many many companies think the ends justify the means and do whatever they can to make more of it. Whether it is adding fluff to their meat, hiring illegals, dumping toxic waste, getting a monopoly, utilizing oversees sweatshops, etc, a much larger portion of the business world is corrupt than it should be. If true capitalists REALLY wanted the government out of their lives, all they would need to do is play by the rules to begin with.
All that being said, I still pick corrupt capitalistic megacorporations over corrupt oppressive socialistic governments, because it is much much easier to avoid a corporation in your life than it is to avoid a government in your life. The real problem is that humans find compromise extremely difficult, so when government is called in to "do something", they heavy hand it. When unions are formed to "protect the plight of the worker", they soon become as bad as they company they were fighting against. If the insurance companies could self-regulate (which will NEVER happen), the government could be forced by the will of the people to stay out of it. At least in imaginationland.
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08:13 PM
NEPTUNE Member
Posts: 10199 From: Ticlaw FL, and some other places. Registered: Aug 2001
OR, until & unless the next ruling judiciary chooses to do what the others have not. So far all 4 ruling judges have elected to allow the law to remain in effect while the appeals process and lawsuits wind their way thru the system. I know of nothing other than precedence that says they have to.
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09:21 PM
fierobear Member
Posts: 27105 From: Safe in the Carolinas Registered: Aug 2000
Originally posted by Flamberge: All that being said, I still pick corrupt capitalistic megacorporations over corrupt oppressive socialistic governments, because it is much much easier to avoid a corporation in your life than it is to avoid a government in your life.
BINGO! We have a winner.
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09:21 PM
fierobear Member
Posts: 27105 From: Safe in the Carolinas Registered: Aug 2000
Let's not get overjoyed! It is STILL active law until the SCOTUS rules.
According to one news report, the judge didn't strike down the law completely because it doesn't go into full effect until 2014. That should give plenty of time for a SCOTUS ruling, repeal, piece by piece dismantling, or a combination of those.
[This message has been edited by fierobear (edited 01-31-2011).]
According to one news report, the judge didn't strike down the law completely because it doesn't go into full effect until 2014. That should give plenty of time for a SCOTUS ruling, repeal, piece by piece dismantling, or a combination of those.
They could spend untold $billions$ between then and now.
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09:26 PM
NEPTUNE Member
Posts: 10199 From: Ticlaw FL, and some other places. Registered: Aug 2001
They could spend untold $billions$ between then and now.
And this makes all the tea baggers happy, because????? That money comes from you. And me. Are you guys getting a fat check from the insurance company every month for furthering their interests? How do I get my name on the free money list? Hell, I could be persuaded to sell out for a few bucks. I'm almost 60, I don't have that long to live anyway... Especially if I get sick.
cordially, NEPTUNE.
PP.S: You love tearing this down, but what can/will you build in its place? The status quo?
Thats what I thought.
[This message has been edited by NEPTUNE (edited 01-31-2011).]
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10:18 PM
avengador1 Member
Posts: 35468 From: Orlando, Florida Registered: Oct 2001