Author Topic: Health care mandate unconstitutional  (Read 3502 times)

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Health care mandate unconstitutional
« on: December 13, 2010, 06:09:30 pm »
A Virginia federal judge on Monday found a key part of President Barack Obama's sweeping health care reform law unconstitutional -- setting the stage for a protracted legal struggle likely to wind up in the Supreme Court.

U.S. District Court Judge Henry Hudson struck down the "individual mandate" requiring most Americans to purchase health insurance by 2014. The Justice Department is expected to challenge the judge's findings in a federal appeals court.

Hudson's opinion contradicts other court rulings finding the mandate constitutionally permissible.

"An individual's personal decision to purchase -- or decline purchase -- (of) health insurance from a private provider is beyond the historical reach" of the U.S. Constitution," Hudson wrote. "No specifically constitutional authority exists to mandate the purchase of health insurance."
http://www.cnn.com/2010/POLITICS/12/13/health.care/index.html?hpt=T2

Somebody read the constitution? WTF?

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Re: Health care mandate unconstitutional
« Reply #1 on: December 13, 2010, 06:15:24 pm »
It'll never stand on appeal.  Hell, Kagan would rule the feds have the authority to outlaw voting third party if it came up.
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Re: Health care mandate unconstitutional
« Reply #2 on: December 13, 2010, 06:17:56 pm »
If it does stand, or if the Supreme Court ends up striking it down, you all realize of course this means that most of the past two years of Obama's Presidency has been a gigantic waste of time. 
Cynicism is a blank check for failure.

The Good Reverend Roger

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Re: Health care mandate unconstitutional
« Reply #3 on: December 13, 2010, 06:20:26 pm »
If it does stand, or if the Supreme Court ends up striking it down, you all realize of course this means that most of the past two years of Obama's Presidency has been a gigantic waste of time. 

The individual mandate IS bullshit, and SHOULD be struck down.
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Re: Health care mandate unconstitutional
« Reply #4 on: December 13, 2010, 06:21:55 pm »
Also there is no provision in the bill that if one part is voided that the rest of the document remains valid. This could potentially by default cancel all of the health bill.


The Good Reverend Roger

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Re: Health care mandate unconstitutional
« Reply #5 on: December 13, 2010, 06:23:29 pm »
Also there is no provision in the bill that if one part is voided that the rest of the document remains valid. This could potentially by default cancel all of the health bill.

Could.

The bill is a fucking abortion, it's a clear description of everything that's wrong with Obama's administration.  Maybe next time around, someone will have some balls.

Not holding my breath, though.
" It's just that Depeche Mode were a bunch of optimistic loveburgers."
- TGRR, shaming himself forever, 7/8/2017

 "Billy, when I say that ethics is our number one priority and safety is also our number one priority, you should take that to mean exactly what I said. Also quality. That's our number one priority as well. Don't look at me that way, you're in the corporate world now and this is how it works."
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Re: Health care mandate unconstitutional
« Reply #6 on: December 13, 2010, 06:25:06 pm »
Also there is no provision in the bill that if one part is voided that the rest of the document remains valid. This could potentially by default cancel all of the health bill.

Could.

The bill is a fucking abortion, it's a clear description of everything that's wrong with Obama's administration.  Maybe next time around, someone will have some balls.

Not holding my breath, though.

Yeah, unless you just look good in blue I don't advise holding your breath.

AFK

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Re: Health care mandate unconstitutional
« Reply #7 on: December 13, 2010, 06:35:24 pm »
If it does stand, or if the Supreme Court ends up striking it down, you all realize of course this means that most of the past two years of Obama's Presidency has been a gigantic waste of time. 

The individual mandate IS bullshit, and SHOULD be struck down.

I agree.  Just observing that this POS took so much time, pretty much put the Tea Party on the map, and in the end, is going to amount in a hill of beans. 
Cynicism is a blank check for failure.

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Re: Health care mandate unconstitutional
« Reply #8 on: December 13, 2010, 06:36:06 pm »
It really is funny that a bunch of lawyers forgot the severability clause.

Severability

If any provision in this Agreement is held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been a part of this Agreement. The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement.

Contract law 101.

The Good Reverend Roger

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Re: Health care mandate unconstitutional
« Reply #9 on: December 13, 2010, 06:37:04 pm »
If it does stand, or if the Supreme Court ends up striking it down, you all realize of course this means that most of the past two years of Obama's Presidency has been a gigantic waste of time. 

The individual mandate IS bullshit, and SHOULD be struck down.

I agree.  Just observing that this POS took so much time, pretty much put the Tea Party on the map, and in the end, is going to amount in a hill of beans. 

And that about wraps up the entire presidency, when you think about it.
" It's just that Depeche Mode were a bunch of optimistic loveburgers."
- TGRR, shaming himself forever, 7/8/2017

 "Billy, when I say that ethics is our number one priority and safety is also our number one priority, you should take that to mean exactly what I said. Also quality. That's our number one priority as well. Don't look at me that way, you're in the corporate world now and this is how it works."
- TGRR, raising the bar at work.

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Re: Health care mandate unconstitutional
« Reply #10 on: December 13, 2010, 06:50:56 pm »
It really is funny that a bunch of lawyers forgot the severability clause.

Severability

If any provision in this Agreement is held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been a part of this Agreement. The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement.

Contract law 101.

the problem is that without EVERYBODY paying premiums, the other parts of the bill are completely unworkable.
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Re: Health care mandate unconstitutional
« Reply #11 on: December 13, 2010, 06:52:36 pm »
It really is funny that a bunch of lawyers forgot the severability clause.

Severability

If any provision in this Agreement is held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been a part of this Agreement. The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement.

Contract law 101.

the problem is that without EVERYBODY paying premiums, the other parts of the bill are completely unworkable.

Was it ever really going to work as written?

The Good Reverend Roger

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Re: Health care mandate unconstitutional
« Reply #12 on: December 13, 2010, 06:53:09 pm »
It really is funny that a bunch of lawyers forgot the severability clause.

Severability

If any provision in this Agreement is held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been a part of this Agreement. The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement.

Contract law 101.

the problem is that without EVERYBODY paying premiums, the other parts of the bill are completely unworkable.

Naw, the "good 3" provisions would still be usefull.

1.  You can insure your kids until they're 26.

2.  Pre-existing conditions can't be used to deny coverage.

3.  Removal of catastophic caps.
" It's just that Depeche Mode were a bunch of optimistic loveburgers."
- TGRR, shaming himself forever, 7/8/2017

 "Billy, when I say that ethics is our number one priority and safety is also our number one priority, you should take that to mean exactly what I said. Also quality. That's our number one priority as well. Don't look at me that way, you're in the corporate world now and this is how it works."
- TGRR, raising the bar at work.

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Re: Health care mandate unconstitutional
« Reply #13 on: December 13, 2010, 06:55:03 pm »
Hmmmm. I wonder if TPA has a severability clause.........

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Re: Health care mandate unconstitutional
« Reply #14 on: December 13, 2010, 07:07:33 pm »
It really is funny that a bunch of lawyers forgot the severability clause.

Severability

If any provision in this Agreement is held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been a part of this Agreement. The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement.

Contract law 101.

the problem is that without EVERYBODY paying premiums, the other parts of the bill are completely unworkable.

Naw, the "good 3" provisions would still be usefull.

1.  You can insure your kids until they're 26.

2.  Pre-existing conditions can't be used to deny coverage.

3.  Removal of catastophic caps.

Nope. Without everybody's money in the pool, #2 goes down the tubes. Bet money on it.
Rabid Colostomy Hole Jammer of the Coming Apocalypse™

The Devil is in the details; God is in the nuance.


Some yahoo yelled at me, saying 'GIVE ME LIBERTY OR GIVE ME DEATH', and I thought, "I'm feeling generous today.  Why not BOTH?"