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Fed Judge: Obama-Care Unconstitutional

From an outraged Associated Press:

Judge in Va. strikes down federal health care law

By Larry O’dell, Associated Press 2010

RICHMOND, Va. – A federal judge declared the foundation of President Barack Obama’s health care law unconstitutional Monday, ruling that the government cannot require Americans to purchase insurance. The case is expected to end up at the Supreme Court.

In his order, U.S. District Judge Henry E. Hudson said he will allow the law to remain in effect while appeals are heard, meaning there is unlikely to be any immediate impact on other provisions that have already taken effect. The insurance coverage mandate is not scheduled to begin until 2014.

Even so, Republicans in Congress celebrated the ruling as validation of the arguments they had made for months while the law was pending. Rep. Eric Cantor, R-Va., issued a statement urging the White House to agree to expedite a final ruling by appealing directly to the Supreme Court without first stopping at an appeals court.

The case should skip the 4th Circuit and go right to the Supreme Court. That would be in the national interest. It would certainly help the economy to get this settled — especially if it were killed.

Hudson is the first federal judge to strike down a key part of the law, which had been upheld by fellow federal judges in Virginia and Michigan. Several other lawsuits have been dismissed and still others are pending, including one filed in Florida by 20 states…

Hudson, a Republican appointed by President George W. Bush, sounded sympathetic to the state’s case when he heard oral arguments in October, and the White House expected to lose this round…

Funny, how we always hear who appointed the judge when it’s a Republican.

Still, it is a shame that the judge didn’t slap Obama-care with an injunction and stop it in its tracks. Needless to say, a liberal judge would have.

This article was posted by Steve on Monday, December 13th, 2010. Comments are currently closed.

18 Responses to “Fed Judge: Obama-Care Unconstitutional”

  1. proreason says:

    Praise be. Brain alive judge strikes down ObamyCare individual mandate:


    “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.”

    Of course, it’s just a step, and the full-force of the corrupt and evil government will be against the forces of good…..but it’s still an important ruling.

    Maybe the republic can be saved after all.

    For a while at least, they can’t force you to buy their crap sandwich.

    • Mithrandir says:

      Flood the market with doctors/specialists, making competition, lowering the demand and price.
      Forgive college loans.
      0% interest on buildings/clinics/supplies to start up, if they are up and running in 5 years.
      No income taxes collected on doctors, for first 5 years of business.
      Lawsuit protection, and sued for only extreme negligence.

      Even I have better ideas to increase access to health care, and I am friggin’ idiot!

  2. Rusty Shackleford says:

    “Hudson is the first federal judge to strike down a key part of the law…”

    And thus it began that Hudson was harrassed, spied upon, and found his life greatly infringed upon by those in power….

    I do hope that my words do not come true but I fear otherwise. He just declared himself an enemy of the state and in any totalitarian regime, it does not bode well for the declared.

    • tranquil.night says:

      I wasn’t gonna go there Rusty, but I don’t want to imagine what the Drive-Bys and the regime have planned to try and obfuscate the right-wing of SCOTUS, either. They’ve been on a collision course for a long time now.

      Cheers to praying that it’s the regime who’s going down in its last desperate flails.

  3. River0 says:

    Hallelujah! Reason and Natural Law still rule in our nation. If the Commerce Clause can be used to make us purchase ‘health care’, there’s nothing they can’t do. This was purely a power play by the malignant forces of darkness that lurk in the halls of Congress and the Black Ops House.

    All people of good will and sound mind have to know and agree with us that you can’t force people to buy things in any free society. That makes a mockery of any nation that calls itself free.

  4. tranquil.night says:

    Expedite the process? This isn’t the suit against the Arizona Immigration Law we’re talking about. I’m sure Holder will get right on that.

    Also via Drudge, Governor Haley showed some Christie-style, solution-oriented no-BS fearlessness in her engagement with Bam regarding the mandate and opting out. If they keep hammering on the weak-points of the bill like that, the pressure for repeal will only continue to be on come the final SCOTUS ruling, which should also go for us. Real smart play from Nikki in getting ahead of that; Republicans, Weeper of the House – take note. She’s on Hannity Radio to discuss it shortly.


    • proreason says:

      I heard Haley on Hannity about an hour ago.

      She is awesome. In those 5 minutes, at least, she was as good as Marco Rubio or Chris Christie on a good day for them.

  5. BigOil says:

    A federal judge that has actually read the Constitution. This should be one of the easiest rulings he ever makes.

    Unfortunately, there are 4 Supreme Court justices that have to sift through their shredders to find their copy of the Constitution.

  6. Reality Bytes says:

    40 years ago it was the left. Today it is the right taking it back to those rebels who after all became worse than their predecessors ever were.

    From Al Pacino 1969

    From Woody Allen 1971


    (sorry for the ad in front of Woody – it’s worth the 12 seconds).

  7. Mae says:

    Yippee!! Smiling through my tears! I can see the future and pretty it ain’t, but the pushback continues. Gibbs poo-pooed the ruling today. Is anyone else absolutely bummed out by the sound of every voice in the Administration? Literally! Their voices are a combo of whiny, arrogant and s…eating grin. The volume dial is getting overworked at my house.

  8. Astravogel says:

    Why did it take the judge 40+ pages?

    • Liberals Demise says:

      On the vague chance that the (D)onkeys might look at it and think it is a menu from their favorite diner and not some ruling.
      Too few pages for it to be anything from the Party of Asses.
      Besides……common sense doesn’t kill as many trees.

  9. proreason says:

    I remember from a few weeks ago that people who sounded like they knew what they were talking about were saying that the rulings of the two judges who “upheld” CramItDownOurThroatCare were less significant, for some reason I can’t remember. Maybe the rulings were on peripheral issues, rather than the core issue of the Individual Mandate.

    They were predicting exactly what has happened, which is that the Moronistration is holding two minor rulings up as a 2 to 1 victory over the only significant ruling.

  10. BlueFrog says:

    A federal judge that is not political! Thank goodness! First time I have read the judge ruling was here. Thanks!!

  11. TerryAnne says:

    Let’s not forget a huge thanks to Mr. Cuccinelli, VA Attorney General. OcrapCare was passed, we had our state elections and brought in Mr. C, and, about a week later, he slapped this suit down. If it wasn’t for him, we wouldn’t be doing our happy dance right now. :)

    (Yes…I’m proud of my state – birthplace and current home)

    • Petronius says:

      Yes indeed!

      I don’t think we have heard the last of Ken Cuccinelli.

      It’s curious how sometimes little things — like the off-year election of an attorney general in Virginia — can have major consequences for safeguarding the future of the republic.

  12. canary says:

    Now it goes to a woman Justice that makes the laws like no sticks connected by a rope, and a woman justice who believes the government can ration and determine the ingredients and amount of food you eat.

  13. Mithrandir says:

    THE SLOW ROAD TO SLAVERY Is when the gov’t starts mandating you pay for this or that.

    Remember when the liberals went stark-freakin’-nuts when George Bush mandated, and didn’t properly fund, No Child Left Behind? (I didn’t think the gov’t should have mandated that either, education is state responsibility)

    WHAT ELSE is the gov’t going to TELL US what to do, buy, say, see, hear? Wasn’t the Constitution supposed to limit THEM, not US?

    NOW YOU KNOW WHY people would get on a boat, on dangerous seas, for months at a time, with cold, starvation, sickness, wild animals/barbarians waiting for them, it was worth it to get away from government!

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