Discussion in 'The Constitutional & RKBA Forum' started by RunningOnMT, Dec 13, 2010.

  1. RunningOnMT

    RunningOnMT New Member

    Nov 19, 2008
    Akron, Ohio

    Posted by Jim Hoft on Monday, December 13, 2010, 11:10 AM

    Federal judge strikes down linchpin of the president’s plan…
    U.S. District Court Judge Henry E. Hudson ruled today that the federal mandate in Obamacare is unconstitutional.

    The decision is here .


    Thank you Speaker Pelosi.
    Now we know what’s in the bill… And it’s illegal.

    The judge ruled that the Constitution’s commerce clause prevents the federal government from requiring individuals to purchase health insurance.

    Legal observers say Hudson, a President George W. Bush appointee, ruled against the Obama administration in the lawsuit filed by Virginia Attorney General Ken Cuccinelli (R).

    WDBJ reported:

    A federal judge in Virginia has found a key provision of the healthcare law unconstitutional, the first such ruling on President Obama’s landmark reform.

    Judge Henry E. Hudson of the Eastern District Court in Richmond, appointed by George W. Bush, ruled that the law’s mandate that all Americans have a minimum level of coverage, or pay a fine if they do not, exceeds federal authority.

    Virginia’s Republican Attorney General, Ken Cuccinelli, challenged the law by rejecting the federal government’s view that the mandate is enforceable under the Commerce Clause of the Constitution. The state was seeking an injunction against the entire healthcare act if the mandate was found unconstitutional.
  2. armedandsafe

    armedandsafe Guest

    Things might get a little sticky in Scotus. Kagan should recuse herself when this reaches the Court. If she does, there can be a tie. Any tie decision lets the lower court's decision stand.

    Now, if the question before the Court is to decide between conflicting decisions from the lower courts, How does the tie get decided? The Justices let both sets of rulings stand, leaving a stalemate? Flip a coin? 2 out of 3 checkmates with the Court clerks acting as pawns on the lawn?


    Interesting times.


  3. muddober

    muddober Active Member

    Sep 19, 2008
    Carson City Nevada
    I don't see her recusing herself, because I do not see it as a conflict for her to sit in judgment. Like it or not she is a Supreme Court Justice and has every right to hear the case. That being said lets hope she recognizes her duty to her position and that she like it or not must uphold the constitution thereby sending obozocare down the road.

  4. SherelineW

    SherelineW New Member

    Sep 19, 2011
    Los Angeles, CA
    And another appeals court has ruled Obama's Health Care law unconstitutional. A key requirement of the 2010 health-care reform act that President Obama authorized in 2010 was ruled against by a judge in Pennsylvania. Judge Christopher C. Conner said that the part requiring most Americans to buy insurance or pay a fine isn't constitutional (Judge rules provision of Obamacare unconstitutional). So one judge says it is, one judge says its not, another judge says it is, another judge says it's not. Pretty sure a non partisan judge would find it is unconstitutional.
  5. whirley

    whirley Member

    Jan 27, 2008
    Sen. Ted Kennedy admitted that the liberals must use the Supreme Court to get law definitions that Congress refuses to pass. That's why they fight and try to destroy conservative judges that might rule against their unwanted decisions. The most recent Supreme is an admitted left liberal who will rule according to Obama's dictates.
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