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10-15-2010 05:16 AM  8 years agoPost 1
Dennis (RIP)

rrApprentice

Oregon

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Judge's Rebuke to Obamacare Opens Door to States' Lawsuit

Thursday, 14 Oct 2010 03:18 PM By: David A. Patten

Grass-roots conservatives and GOP leaders rejoiced Thursday following a federal judge's ruling that a multistate challenge to the constitutionality of Obamacare must be allowed to go forward.

The Obama administration had asked that the lawsuit be dismissed as groundless and tossed out of court. Thursday's rejection of those arguments sets up a Dec. 16 hearing on the merits of the case.

A similar challenge to Obamacare in Virginia is scheduled to go to trial on Monday.

The effort by some 20 state attorneys general to have Obamacare declared unconstitutional is shaping up as a major legal battle playing out on the eve of the November midterm elections. All sides agree that the case will ultimately be decided by the U.S. Supreme Court.

Federal Judge Roger Vinson on Thursday afternoon tossed out three of the states' six objections to Obamacare, and ruled another one moot.

But he gave the states and the National Federation of Independent Business, which has joined the lawsuit, permission to press forward on the two points most legal analysts say are their strongest:

* That a federally mandated expansion of Medicaid will "run [state] budgets off a cliff."
* That the individual mandate requiring people to have healthcare insurance exceeds the federal government's constitutional authority, under the Commerce Clause, to regulate interstate commerce.

Florida Attorney General Bill McCollum, who is leading the multistate lawsuit, issued a statement hailing the judge's decision as "a victory for the American people."

McCollum tells Newsmax he is "really pleased" with the judge's ruling.

"I was not surprised," he says, "but I was pleased. I thought that we had the best case [and] that we were going to win this. But it's always nice to hear the result."

Vinson, who was nominated to the bench by the late President Ronald Reagan, did not comment on how he might rule in his final decision. But he did not bother to conceal his strong skepticism regarding some of the government's arguments.

At one point in his 65-page order, he wrote that the administration was asking "that I divine hidden and unstated intentions, and despite considerable evidence to the contrary, conclude that Congress really meant to say one thing when it expressly said something else."

Elsewhere he charged Justice Department attorneys with making an "Alice in Wonderland" argument in maintaining the government had not overreached its constitutional authority.

"I'd say the tenor [of the order] is that we are dealing with a judge who is very favorably inclined to rule in our favor in the final decision he is going to render in a couple of months," McCollum tells Newsmax. … We still have to go argue the merits, [but] I believe he signaled to us that he's really leaning heavily our way, and the Justice Department is really going to have to come up with something to persuade him otherwise."

National Federation of Independent Business Executive Director Karen Harned praised the judge's ruling.

"We're thrilled of course," she tells Newsmax. "We're very happy that we're going to have our day in court on what we think is a very unconstitutional law.

"It was a very thoughtful opinion," she adds, "but we were encouraged by the fact that he recognizes what I think is rather obvious: That this individual mandate -- either forcing people to pay a fine or purchase health insurance -- really is unprecedented. We're hopeful that ultimately he will rule also that it's unconstitutional."

One reason grass-roots activists were so energized by the judge's ruling: The growing recognition that even if Republicans were to gain control of both chambers of Congress, President Barack Obama could still block any repeal with a stroke of his veto pen. But an adverse court ruling is not subject to presidential review. Moreover, because the Democratic reform legislation has no boilerplate severability clause, some legal analysts say a court finding that any part of it is illegal would negate the entire bill.

Matt Kibbe, the FreedomWorks leader and staunch ally of tea party organizations, suggests the ruling reflects the shaky legal basis for legislation that he says was only passed through "procedural chicanery" in the first place.

"I think it validates the argument that activists have been making from day one, that this was a huge overstep of the federal government's constitutional authority," he says. "The very idea that you can mandate that someone buy a certain product from a certain industry, simply because you live and breathe, you can't find that power in the Constitution."

In his order the judge cited several government documents that clearly indicated Congress knew the individual mandate was a major, possibly unconstitutional, expansion of federal powers long before the president signed the legislation into law.

(My comment on that would be that that is primarily the reason why Democrats are NOT running on this legislation during this election cycle. They can't because they know that most Americans dis agree with it and it is just very liable to be ruled illegal)

"Unfortunately it's not surprising," Kibbe tells Newsmax. "Because they've shown great disdain for constitutional restraint all along."

Thursday's ruling marked the second time that a federal judge allowed a state-level lawsuit against healthcare reform to move forward.

The first lawsuit to pass muster occurred in Virginia, under the direction of Attorney General Ken Cuccinelli.

A third lawsuit brought by the Thomas Moore Law Center, which asked for a temporary injunction to block the law, was thrown out by a Michigan judge on Oct. 8.

That judge ruled that an individual's decision not to purchase healthcare insurance is a transaction that Congress can regulate under the Commerce Clause of the U.S. Constitution.

In the Michigan case, the judge's opinion stated: "The decision whether to purchase insurance or to attempt to pay for health care out of pocket is plainly economic. These decisions, viewed in the aggregate, have clear and direct impacts on health care providers, taxpayers and the insured population, who ultimately pay for the care provided to those who go without insurance"

Vinson in his Thursday ruling actually referenced part of the Michigan opinion that admitted the individual mandate's expansion of federal authority was without precedent.

The next step state case will occur Dec. 16, when the judge will hold a hearing for motion for summary judgment that both sides are now expected to file.

McCollum expects the hearing will also include the arguments for the lawsuit itself.

Whichever side wins, the ruling is sure to be appealed and ultimately to reach the Supreme Court, sources say.

http://www.newsmax.com/Headline/Oba...10/14/id/373750

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10-15-2010 03:58 PM  8 years agoPost 2
SteveH

rrProfessor

Texas

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First good step...let there be many more.

The government cannot give you anything without first taking it from someone else.

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10-16-2010 02:24 AM  8 years agoPost 3
blurz28

rrApprentice

usa

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so the michigan judge thinks the government........
should be able to control every sigle facet of our lives since every single good/service cost money (interstate commerce)??? after all, they should be able to tell me what car, clothes, shoes, tv, light bulbs, fuel, et all simply because it affects ......INTERSTATE COMMERCE!!!!!! They can tell me what to purchase to eat too I guess since I may be consuming fattening foods that could cause heart disease and drive up my medical cost(interstate commerce). Hell, they should just tell me where to live, what size house I can have, where I work, and how many kids I can have too since all of these will impact goods and services (more interstate commerce!!!) of all of those in my local community.......

WTF......

these lefties are freakin idiots.............

3,2,1,...+1,2,3,4,5,6,7,8,9,10,11,12,13,14...

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10-16-2010 02:29 AM  8 years agoPost 4
Dennis (RIP)

rrApprentice

Oregon

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so the michigan judge thinks the government........

should be able to control every sigle facet of our lives since every single good/service cost money (interstate commerce)??? after all, they should be able to tell me what car, clothes, shoes, tv, light bulbs, fuel, et all simply because it affects ......INTERSTATE COMMERCE!!!!!! They can tell me what to purchase to eat too I guess since I may be consuming fattening foods that could cause heart disease and drive up my medical cost(interstate commerce). Hell, they should just tell me where to live, what size house I can have, where I work, and how many kids I can have too since all of these will impact goods and services (more interstate commerce!!!) of all of those in my local community.......

WTF......

these lefties are freakin idiots...........
You might want to think about re reading the original post on this subject.

That judge is allowing that case to go forward simply to prevent exactly what you just said.

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10-16-2010 06:00 AM  8 years agoPost 5
Dennis (RIP)

rrApprentice

Oregon

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Hey blurz.

I mis read your post and got the judges mixed up.

My apologizes for that. No offense intended.

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