Health care struck down.

[Adios]

A federal judge in Florida has tossed out the sweeping health care reform law championed by President Barack Obama, setting up what is likely to be a contentious Supreme Court challenge over the legislation in coming months.

Monday's sweeping ruling came in the most closely watched of the two dozen separate challenges to the law. Florida along with 25 states had filed a lawsuit last spring, seeking to dismiss a law critics had labeled "Obamacare."

U.S. District Judge Robert Vinson declared unconstitutional the key provision of the Patient Protection and Affordable Care Act -- the so-called "individual mandate" requiring most Americans to buy health insurance by 2014 or face penalties. Vinson also declared unconstitutional the section of the act that withholds Medicare funds from states that refuse to participate.

But unlike another federal judge who ruled the individual mandate unconstitutional last month, Vinson ruled that the unconstitutionality voided the entire act.
http://www.cnn.com/2011/POLITICS/01/31/health.care.unconstitutional/index.html?hpt=T2


I wonder if the Supreme Court will be Justices or Puppets on this one?

[Requia ☣]

So he's ruling that nobody can regulate healthcare, ever?

Fucking moron.

[Phox]

I wonder if the Supreme Court will be Justices or Puppets on this one?

Considering who's currently on the bench, the words might as well be interchangeable at the moment. The only question is which side pulls the strings harder.

[Adios]

So he's ruling that nobody can regulate healthcare, ever?

Fucking moron.

No. He is saying it violates the constitution.

[Adios]

I wonder if the Supreme Court will be Justices or Puppets on this one?

Considering who's currently on the bench, the words might as well be interchangeable at the moment. The only question is which side pulls the strings harder.

I just hope the debate will be published.

[LMNO]

And the problem is, the Dems didn't put a separation clause in the damn thing.

Usually, there's a bit in there that says, "any invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement."

Because that's not in there, if one thing is invalid, the entire thing is invalid.


Yippee.

[Requia ☣]

Pretty sure thats only true for contracts, not laws.  I've never seen that clause in a bill, and I know numerous bills that have been partially struck down.

[LMNO]

Source.

[Adios]

Pretty sure thats only true for contracts, not laws.  I've never seen that clause in a bill, and I know numerous bills that have been partially struck down.

Without the clause it is up to the judge as to whether the bill is entirely or partially is voided. We now have two judges one who has found the rest of the bill is allowable and one who has found the opposite.

[Luna]

Article on the topic here (on a fairly conservative website).

http://www.redstate.com/ben_domenech/2010/08/17/severability-and-obamacare/

[Adios]

But unlike another federal judge who ruled the individual mandate unconstitutional last month, Vinson ruled that the unconstitutionality voided the entire act.

"I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system," wrote Vinson.


"Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications," Vinson wrote, adding, "At a time when there is virtually unanimous agreement that health care reform is needed in this country, it is hard to invalidate and strike down a statute titled "The Patient Protection and Affordable Care Act."

The Severability Clause actually carries great weight.

[Adios]

Am I alone in wishing The Patriot Act would come under this tight of scrutiny?

[Faust]

Am I alone in wishing The Patriot Act would come under this tight of scrutiny?

Most sane people in america and EVERY single person in the world outside of america would concur.

[The Good Reverend Roger]

And the problem is, the Dems didn't put a separation clause in the damn thing.

Do you think that was an accident?  An oversight?  Perhaps the little forms engine they use to create it broke down?  And I am sure our energetic and thoughtful representatives all happened to miss it as they read the entire bill, just like they read every other bill.



If anyone thought there was a difference between the dems and the neocons, this should have dispelled it.

But it won't.

[Adios]

And the problem is, the Dems didn't put a separation clause in the damn thing.

Do you think that was an accident?  An oversight?  Perhaps the little forms engine they use to create it broke down?  And I am sure our energetic and thoughtful representatives all happened to miss it as they read the entire bill, just like they read every other bill.



If anyone thought there was a difference between the dems and the neocons, this should have dispelled it.

But it won't.

Tribal monkeys are tribal.