Re: obamacare is not going anywhere... Archived Message
Posted by SamCrow on February 21, 2011, 7:14 pm, in reply to "Re: obamacare is not going anywhere..."
Ms. 12, you have your arguments wrong. The Justice Dept (Administration) has based it's arguments on the commerce clause. And not one but two Federal Judges have ruled against them. "At its core," Judge Henry Hudson ruled, "this dispute is not simply about regulating the business of insurance, or crafting a scheme of universal health insurance coverage, its about an individual's right to choose to participate." The judge said an individual's decision to purchase — or to decline to purchase — health care from a private provider is beyond the "historical reach" the Constitution grants Congress to regulate interstate commerce. In Florida, Judge Vinson, said that the law's requirement to carry insurance or pay a fee 'is outside Congress' Commerce Clause power, and it cannot be otherwise authorized by an assertion of power under the Necessary and Proper Clause. It is not constitutional" The key paragraph of Vinson's decision is as follows: "'Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void. The Justice Dept is not arguing the 16th amendment, because the administration does not want the mandate put forward as a tax increase (politically unfavorable). And Thank you, I do prefer the taste of tea over koolaid.
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