Monday, December 13, 2010

Federal Judge Declares ObamaCare Unconstitutional

A federal judge in Virginia just gave President Barack Hussein Obama a fitting Christmas present, ruling that key provisions of ObamaCare violate the Constitution.

In a 42-page ruling, U.S. District Judge Henry E. Hudson said the law's requirement that most Americans carry insurance or pay a penalty "exceeds the constitutional boundaries of congressional power."

"Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market," he wrote. "In doing so, enactment of the [individual mandate] exceeds the Commerce Clause powers vested in Congress under Article I [of the Constitution.]

In fact, there has never been a legal mandate by government forcing people to buy a product from private sources. Even auto insurance is considered optional in most states since there's no requirement that someone drive an automobile, and even then the necessity of buying auto insurance in order to drive can be bypassed in most states by posting a cash bond.

Judge Hudson unfortunately didn't grant the plaintiffs' request for an immediate nationwide injunction against ObamaCare, since the requirement that all American purchase insurance doesn't start until 2014 and thus there's no timely requirement for immediate relief.

This particular lawsuit against ObamaCare was filed by Virginia's attorney general, Republican Ken Cuccinelli.

The Virginia suit would ordinarily next go to the Fourth Circuit Court of Appeals. But Cuccinelli has said that he wants to bypass the appellate court and move directly to the Supreme Court, which would require the high court to decide to hear the case because immediate intervention was in the public interest.

Cuccinelli also asked the White House to join in requesting that the case be brought directly to the Supreme Court 'in th epublic interest'. I wouldn't look for them to accede to that anytime soon.

Federal Judge Roger Vinson in Pensacola, Fla., will hear arguments Thursday in a separate lawsuit against ObamaCare brought by officials in 20 states.

(via memeorandum)

please helps me write more gooder!


louielouie said...

But Cuccinelli has said that he wants to bypass the appellate court and move directly to the Supreme Court,

that would be a dumb move.
the supreme court will simply refuse to hear it.
no one.
and i mean no one, on the supreme court has the stones to go against hussein.
besides, if this doesn't go thru during hussein's second term, it will during his third or fourth term.

Anonymous said...

To Louielouie :

Clarence Thomas, the only member of the US Supreme Court Legislature whom I trust to follow the Constitution consistently, ( he stands up to both the Dems AND Reps, to both the the slippery glib-berals AND the con-servatives, ) would be as resolute, unyielding, steadfast, & as immovable as the Rock Of Gibraltar ; he won't be bulldozed by Owebama. The race card would be useless.


Freedom Fighter said...

I think John Roberts, Antonio Scalia and Sam Alito are pretty strong as well.

Justice Kennedy as always will be the swing vote.

I'm curious whether Elena Kagen will recuse herself, as she quite properly should.

Anonymous said...

Agreed. That would be 4 votes. If Kagen 'recuses' herself properly, there is the possibility of a tie. Normally, a tie would result in an upholding of a lower-court decision, but what occurs when there are conflicting, dissonant, & discordant rulings which have been bundled ?


Freedom Fighter said...

Hello DD,
Thanks for dropping by.

It might be four..or it might be five, depending on how Kennedy votes.He's not exactly a fan of Zero and has made a point of saying that he will stay on the Court until Obama is gone.

I personally am not sure whether Kagan would do the right thing and recuse herself on this one, myself.

You know how Breyer, Ginsberg and the 'Wise Latina' would vote, that's for sure!

Assuming Kagan is on the panel, I predict a five to four vote, one way or the other.

And of course, Congress can always defund it and ultimately repeal it, whatever the Court does.

Mean while, let's hope Ruth Bader Ginsberg hangs on for another two years so that Obama doesn't get the chance to nominate another Leftist nonentity to the SCOTUS.

Cette comédie a pour mettre fin à un moment, n'est pas?


Anonymous said...

Oui, tres bien. By the by, how did you create the diacritical marks ( the acute & grave accents ) ? I once had a complicated computer function chart detailing such obscurities, but it was lost during my last move 3 years ago. I am very impressed ! Ciao !


Freedom Fighter said...

Un magicien ne dévoile jamais ses secrets!

OK, Babylon.