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Fla. judge strikes down
Bomama’s
health care overhaul

"Constitutional lawyer" slapped down by a "CONSTITUTIONAL JUDGE"....No trashing the CONSTITUTION, fella!...(that's a NO-NO)


PENSACOLA, Fla. – A federal judge ruled Monday that the Obama administration's health care overhaul is unconstitutional, siding with 26 states that sued to block it. U.S. District Judge Roger Vinson accepted without trial the states' argument that the new law violates people's rights by forcing them to buy health insurance by 2014 or face penalties.


Attorneys for the administration had argued that the states did not have standing to challenge the law and that the case should be dismissed.


The next stop is likely the U.S. Supreme Court. Two other federal judges have upheld the insurance requirement, but a federal judge in Virginia also ruled the insurance provision violates the Constitution.


In his ruling, Vinson went further than the Virginia judge and declared the entire health care law unconstitutional.
"This is obviously a very difficult task. 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," Vinson wrote in his 78-page ruling.


At issue was whether the government is reaching beyond its constitutional power to regulate interstate commerce by requiring citizens to purchase health insurance or face tax penalties.


Attorneys for President Barack Obama's administration had argued that the health care system was part of the interstate commerce system. They said the government can levy a tax penalty on Americans who decide not to purchase health insurance because all Americans are consumers of medical care.


But attorneys for the states said the administration was essentially coercing the states into participating in the overhaul by holding billions of Medicaid dollars hostage. The states also said the federal government is violating the Constitution by forcing a mandate on the states without providing money to pay for it.


Florida's former Republican Attorney General Bill McCollum filed the lawsuit just minutes after Obama signed the 10-year, $938 billion health care bill into law in March. He chose a court in Pensacola, one of Florida's most conservative cities. The nation's most influential small business lobby, the National Federation of Independent Business, also joined.


Other states that joined the suit are: Alabama, Alaska, Arizona, Colorado, Georgia, Indiana, Idaho, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin and Wyoming.

 

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Comment by valerie eggers on February 1, 2011 at 12:05am
Best news I've had in a while. But I know better then to think it's the end of the Left's efforts. I wish the Federal Supreme Court would take the case on NOW!!! The sooner we bury it the better!!
Comment by Sandra on January 31, 2011 at 7:53pm
Thanks Jim; I to hope Rubio does the right thing. Seems all of them court the Cuban community.I suppose they must, but openly trashing the tea part gave me chills! How dare he.  It sort of bothered me as well. We will see if he was a plant soon enough. If so then we must work just as hard to fire him. Bill Nelson is on my hit list for 2012.. He is a rubber stamper of this group, has been all along.
Comment by Jim Delaney on January 31, 2011 at 7:36pm

Sandra,

Yeah. Hope we didn't get snookered by Rubio. Crist at least admitted his left leanings, so we absolutely knew what we'd be getting were he elected. But, Rubio was more clever, circumspect, or so it seems. Hope he comes back into the light and rids us of our doubts.The way he toyed with the illegal immigration issue raised during his campaign raised my hackles and suspicions. Time will tell, of course. Also, your suggestion that we call DC reps to voice our support when they've actually demonstrated political courage and common sense is a solid one.

Comment by Sandra on January 31, 2011 at 7:04pm
Correct Jim; Our power is in our states!  I have been educationg eople r trying to for over two years, and will contiue to. Call your DC people sometimes just to thank them for a good vote, I am sure they get tired of hearing the complaints and a call to say thanks just may give them the strength they need to continue a long uphill battle. We can hoe they defund this HC bill and then it will die, they should not be compromising for sure! They where elected to stop this madness for all future generations. We here in  Florida seem to have one the TP helped  put in to DC (Rubio) now is is trashing the TP, so we must be very careful and not by into the RINO  propped up conservatives...  Thanks for the post...
Comment by Jim Delaney on January 31, 2011 at 6:00pm
The struggle is not yet over. From here it goes to federal appeals court, then, in about 2+ years, to SCOTUS for a ruling. What is especially noteworthy about Vinson's ruling is that he adjudged the entire bill unconstitutional, i.e. void, not just the "individual mandate". Problem: with passage of time, folks whose attention spans are in the nanoseconds, forget. We can't let that happen.  Already barely a majority of voters support repeal. Not at all encouraging. Going forward, the GOP and "we the people" have to keep this issue front and center by constantly EDUCATING the public. My guess is that the combination of the act's being repealed by the House, 26 states suing the feds, 10 or more states crafting nullification laws, and the growing undercurrent of secession talk, I find it nearly impossible to believe Obamacare will survive. Let's work hard for a GOP/Conservative sweep in 2012. That would absolutely doom the Obamacare monstrosity. 
Comment by Sandra on January 31, 2011 at 5:19pm
About time something go right, but we know they will appeal it and I hope that judge is careful and nothing happens to him...

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