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Florida Judge Says Obamacare Is Unconstitutional

February 3, 2011 by  

Florida Judge Says Obamacare Is UnconstitutionalPresident Barack Obama's healthcare overhaul was dealt another blow on Jan. 31 as a Federal judge in Florida declared the law unConstitutional.

Senior United States District Judge Roger Vinson ruled that Americans should not be required to purchase health insurance, and added the entire law is in violation of the Constitution because of the individual mandate requirement. In December, a Federal judge in Virginia decided that the same provision was unConstitutional but did not reject the other aspects of Obamacare.

White House officials have condemned the decision out of Florida, and the Justice Department indicated that it will appeal the ruling. The lawsuit was filed by former Florida Attorney General Bill McCollum shortly after Obama signed the healthcare bill into law last March. A total of 25 other states signed onto the challenge.

The ruling has been lauded by GOP leaders, who are determined to repeal Obamacare through the legislative process. Last month, the House of Representatives approved a repeal by a vote of 245-189. Despite a Democratic majority in the Senate, Minority Leader Mitch McConnell (R-Ky.) is hoping to bring a repeal vote to the floor.

"[Vinson's] decision affirms the view, held by most of the states and a majority of the American people, that the Federal government should not be in the business of forcing you to buy health insurance and punishing you if you don't," House Speaker John Boehner (R-Ohio) said in a statement, quoted by The Associated Press

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  • Vigilant

    “[Vinson's] decision affirms the view, held by most of the states and a majority of the American people, that the Federal government should not be in the business of forcing you to buy health insurance and punishing you if you don’t,” House Speaker John Boehner (R-Ohio) said in a statement, quoted by The Associated Press.”

    What “most of the states and a majority of the American people” think is completely irrelevant to the legitimacy of the ruling. The Constitution outright prohibits it, plain and simple. We’re in bad shape indeed if the respect for the rule of law depends upon what people think or don’t think about what the government “should” be doing.

    • http://naver samurai

      Well said Vigilant. It’s a direct violation of the Commerse Clause of the Constitution. Keep up the good fight fellow patriot! We’re winning and they (libs) are just miffed that the are losing with their “messiah” in office. FOR GOD AND COUNTRY!

      • EddieW

        Being Unconstitutional sure didn’t stop the Senate from killing it’s repeal!!! Both congress and the Pentagon want to kill the constitution…they have other plans for us, called Police State, and it is roaring in upon us, even now!!!

    • Bob from Calif

      This administration has no regard for the rule of law. Obamacare has nothing to do with the welfare of the American people. It has everything to do with a hostile takeover of the American economy and the control of its citizens.

      • JC

        Absolutely right Bob…”hostile” takeover indeed.

  • peggycox

    New Health Care Plan at “Wise Health Insurance” is quite popular in Arizona

  • s c

    When abortion was rammed down our throats, it was done via the siren song of “choice.” Politicians were in need of easy votes, some quasireligious types were pushing a new form of eugenics, feminists ranted about the joys of self-absolution and women would be able to make decisions without having to ‘make a decision.’
    Now that God’s gift to politics wants to ram his healthcare scam down our throats, it’s being done sans constitutional checks-and-balances (and NO choice), more politicians are looking for more easy votes and Uncle Scam is pushing his warped version of eugenics.
    Add to that twisted recipe millions of easy votes from illegals, and Uncle Scam has so far been able to look like the good guy when his real persona is no better than a Hitler standing behind the curtain in Oz.
    When you can’t tell the difference between Uncle Scam or a Hitler, the handwriting is truly on the wall. Open your eyes, America. Uncle Scam is not your friend. He’s the enemy.

    • Angry -American

      Bravo! Bravo! Exactly what I have been saying for quite sometime now. those that are behind bars may fight the States they reside in, why are illegals given a PARDON for breaking international laws when the criminals behind bars have been brought to justice by following the laws, and that I would say is an open invitation for scrutiny, open cases to be allowed freedom. my insurance has gone up. while Dumb ignorant Aliens ruin our society with their immorality, enslaving their families, Equality is not given to those who KNOWINGLY Break our border laws and want to be treated with dignity, ashamed is what they should be The GAO, Congress, A.K. A Watchdog for the ferderal Gov, failed terribly to only force Americans to pay for their Treason Against the very people that voted No on the laws that Americans are accused of beinging Inhumane, Rascist….i Guess all those whom represent our Laws Are Rascist way to go!!!!

  • Tim L.

    Is this one of those “Activist Judges” that the republicans always make such a stink about? Reminds me of the “Activist Supreme Court Judges” who hijacked the 2000 presidential election and appointed G.W. Bush president. Oh that’s right, they like this kind of “Activist Judge.” What a bunch of Hypocrites!!!

    • http://naver samurai

      The judge was referring to the Constitution and not the 2000 election, [insult removed]! Also, the SCOTUS ruled the way they did in 2000 because they knew that the libs were just trying to hijack the election for Al Gore. Seems the libs are hypocrites also. FOR GOD AND COUNTRY!

    • Allan Halbert

      Activist judges tend to not uphold the constitution. We understand that some people find the Constitution an impediment to a new social order.

      • Raggs

        Good point Allan.. obama being one of those people who think that the constitution is worthless.

    • JUKEBOX

      Let’s address who is a hypocrite. I observe that this “ACTIVIST” judge used the “COMMUNITY ORGANIZER’S” own words from 2008, saying, “MAKING EVERONE BUY HEALTH INSURANCE WOULD BE LIKE MAKING EVERYONE BUY A HOME TO SOLVE THE HOMELESS PROBLEM”. Now I want you to tell me at which point the duplicitous Obama was speaking his true beliefs. Obama flip flops more than a 100lb catfish out of water.

      • kate8

        JUKEBOX – I have known people who talk like Obama, in that they will say whatever seems expedient in the moment, but their words carry no more weight than the air that carries them.

        Obama is one of those Hitler types who are devoid of conscience. Some people are simply born without that hindrance. Or perhaps have it trained out of them.

        Either way, the man is a liar. Whether reading from the teleprompter or scrambling for words off-the-cuff, what he says is utterly without principle or meaning.

        • JUKEBOX

          KATE, I believe that probably 70% of politicians are like that today.

          • kate8

            JUKE – True. But they don’t all wield the power Obama does.

  • Teresa
  • Raggs

    Why did it even take a judge to figure this one out?

    • kate8

      Raggs, Exactly.

      And the media will ignore it, anyway, so it will have little impact.

    • http://gunner689 gunner689

      Because our Senators were too studid or lazy or bought off to read the Bill before they signed it. At best they read the Cliff Notes.

  • Glen

    The original role of the Supreme Court as defined by the Constitution and debated in 1787 was to decide if laws were contrary to the Constitution. In other words, the Court is supposed to declare unconstitutional laws as such. Going beyond that to require actions or make laws is the definition of activist judge. This judge is simply declaring a portion of the law to be unconstitutional. He is not mandating or requiring anything. Thus he can hardly be considered to be an activist judge.

  • Raggs

    Any close guess of what the supreme court will rule?

    • James

      Raggs, In the past, the Supreme Court waits until such disagreements in federal District Courts reach the ten Appellate Courts. If the Appellate Courts all agree, the High Court wont accept writs of certiorari on the matter. They’ll just let appellate decisions stand. But if Appellate Courts are also at odds, then the High Court will decide the issue.

      • Raggs

        James… I didn’t know that THANKS.

        • kate8

          Does anyone think it’s coincidence that the rulings stand at 2/2?

          I feel like like we’re being played here by this whole charade.

          • Raggs

            I concur.

          • James

            Kate8, It just shows that some federal judges are adhering to the Constitution’s original intent, and some are progressives who believe the Constitution should be flexible.

  • http://charden@neo.rr.com Charles

    I can`t believe how many Democrat Senators voted against the bill to repel the health care bill. I can`t believe they really don`t know who this guy ( Obama ) is and what he stands for. How come the American people can and they can`t? We must be missing something.
    They have had pleanty of time to figure it out. I would bet any amount of money, they still don`t know whats in the bill or how it`s
    going to work. I think these Senators are afraid of Obama or they are just plain stupid, or they are really Progressives and not true Democrats. Obama, would like nothing better than to see this country
    fail and he could become President for life, or even something bigger, he would love to be the head of a one world goverment, however, he must destroy the one thing that stands in his way, America. The health care bill is the most costly thing that he can
    do to send this country into financial ruin. These Senators know this
    and all they care about is power. They think if they kiss Obamas ass,
    he will take care of them just like he took care of his congressmen
    in the 2010 Nov. election. We all know how that turned out,however,
    a Senator thinks he is a lot better and smarter than just a plain old Congressmen.After all, he is the final step before a bill reaches the
    President`s desk.

    • kate8

      Charles – I think the Senate knows exactly who Obama is, and how bad Obamacare is.

      Congress has become irrelevant, like Canada’s Parliament. They are window-dressing, there to rubberstamp the decrees coming down from above. They needn’t trouble themselves with what’s in it.

      This renewed debate over Obamacare is a sham, to make us think there are those fighting for us. How many would actually be willing to risk career, or possibly their lives, to go against the PTB.

      Obamacare is the centerpoint for the control grid. It is the NWO’s final blow to any kind of personal sovereignty.

      I hope I’m wrong, but I wouldn’t place any bets on it.

    • kate8

      Charles – I think the Senate knows exactly who Obama is, and how bad Obamacare is.

      Congress has become irrelevant, like Canada’s Parliament. They are window-dressing, there to rubberstamp the decrees coming down from above. They needn’t trouble themselves with what’s in it.

      This renewed debate over Obamacare is a sham, to make us think there are those fighting for us. How many would actually be willing to risk career, or possibly their lives, to go against the PTB.

      Obamacare is the centerpoint for the control grid. It is the NWO’s final blow to any kind of personal sovereignty. It has never been about health. At least, not in its betterment.

      I hope I’m wrong, but I wouldn’t place any bets on it.

      • Raggs

        kate8… I for one think that your correct it is political posturing and grandstanding…

      • bob wire

        when has a bunch sick people controlled anything?

        when has young people raising young children really got the consideration that they deserve from a bunch of old farts?

        I think you will find more support for reform then you might believe.

        There is just too many old farts that it affects as Americans live much longer these days.

        and then to, there is reason believe it will be popular with parents with adolescence and students alike.

        It’s going to be interesting to see how this plays out but I feel you are in a boosted minority in spite this blistering commentary to the contrary.

        Few politician want to go against the senior vote with what directly affects them. They are no different from the wealthy, you give them something and then attempt to take it away ~ they won’t like you very much.

        this reform is an attempt to quit giving people things, asking them to pay and even that is being opposed.

        we are between a rock and a hard place with this, ~

        needless to say, ~ the few who enjoyed things as they were, being federally subsidized, are ~~ disenchanted?

        I don’t see the numbers to stop it without serious spin and disinformation tactics. Which by the way failed the last time it came up.

        • JUKEBOX

          I am one of those seniors you are talking about, and this OBAMACARE debacle has cost me money, plus there are many doctors in our area that are either refusing Medicare altogether, or are refusing to accept any new Medicare patients. How’s that for OBAMACARE expanding healthcare coverage for millions of Americans? When he said you can keep your doctor or your health coverage if you like it, he forgot to add, “IF YOU CAN AFFORD IT”. That’s how Obamacare has “BENEFITED” me!

          • kate8

            JUKEBOX – I’ve come to the realization that this whole medical scheme has been a set up all along. Doctors used to be affordable for everyone. Then lawsuits became popular, so costs went up to insure the doctors against malpractice. Then, we had to buy insurance to so we could pay for the doctor’s and hospitals’ insurance.

            Soon, eveyone was priced out of the market. Insurance companies made a fortune. Taxes went up to pay for assistance for those who couldn’t, or wouldn’t, buy insurance.

            Employers began offering health coverage to induce good, qualified people to work for them. Pretty soon, government mandates they provide insurance. They’ve now taken people to raise. Everyone now feels entitled to have coverage provided for them as costs continue to spiral out of control.

            So now, government (in its benevolence) is going to take charge, in the name of fairness…

            This system is no more sustainable than what we had, and is not meant to be. The only thing that makes sense is to get government out of the economy altogether, let people work, get rid of the lawyers, and make healthcare competitive and affordable again. And for God’s sake, let us choose the kind of care we want.

            This whole darned thing is backwards and upside-down.

  • bob wire

    Ouch! that hurt! where’s the iowee medicine ?

    So does this blow a hole in the “Free” argument?

    • Raggs

      Bullcrackers!

      Get rid of the 50 million illegals in this country that get support from me at no expence to themselves and then we can talk reform!

  • Ramon

    You don’t put a bill into law, then debate whats within it after everyone is wrapped in it’s clutches. That alone is reason for every American to uprise. We have no idea whats in that bill. I still haven’t gotten to the 50th page of the bill to even say more about it.

    YOU CAN’T READ THE DAMN THING!!! TOO MANY PAGES!!! TOO MUCH LAWYER SPEAK!!

    And for that reason alone, it should be unconstitutional.

  • witness

    I can purchase virtually anything across state lines via the Internet. Why can’t we purchase Health Care plans across state lines?

    American business is built on the idea of competition for the market.

    IF the Fed was truly interested in “helping” Americans get coverage, they would increase the competitiveness between companies. Prices drop – we all win.

    NO, this Bill is Unconstitutional and also NOT about helping Americans. It’s about amassing power… the antithesis of what the Founders created.

    • Raggs

      It’s not about buying insurance… It’s about control from dictator obama.

    • 45caliber

      In answer to your question – the feds say we can’t.

    • James

      Witness, State Health Care plans are formulated around state law requirements, which are not all the same. Thus, State plans end at their borders. Older folks can remember when State highway speed limits were all a little different. The Feds then offered States a monetary handout for road and bridge repair, if they would limit their highway speeds to 65 mph. Most States complied. The Feds are now trying to do that with healthcare.

  • Teresa

    I have been telling you: Watch the judicial system…..
    Obama Renominates Judge with Record of Racial Double Standards
    http://pajamasmedia.com/blog/obama-renominates-judge-with-record-of-racial-double-standards/?singlepage=true

  • 45caliber

    You could have 49 federal judges say it is unConstitutional and one that said it was okay – and you can guess which judge the administration will listen to.

    • Raggs

      Yeah the ole pocket judge syndrome… Sorta the ace in the hole with chinese strings…

  • http://gunner689 gunner689

    If it’s ever proven that BO is an illegal president will his Bills and ex. orders also be null and void ?

    • http://naver samurai

      Yes. Everything would be considered illegal and would be null and void. Any treaty, agreement, law, legislation, etc, that he had passed would be cancelled. Let’s hope this happens before the average American taxpayer has no money left to buy food with. FOR GOD AND COUNTRY!

      • http://gunner689 gunner689

        The powers that control our gvt. would never allow that to happen. Not only would there be a Constitutional crisis but the leadership of the demorat party would be going to jail for treason. It’s safer for them to ignore the issue and leave him in office.

  • http://charden@neo.rr.com Charles

    witness,Even though Obama said the price of health care would come down if only his health care bill was passed. Well, we saw how that has gone, So far my health care has gone up 200.00 dollars a month
    576.00 To 776.00 ) and I retired from the Post Office. We haven`t had
    a raise in 2 yrs just like the people on Social Security.WE also paid
    a lot more into our retirement than people pay into SS.It`s taking 200.00 a month away from what is not that big of a pension to begin
    with.One more slap like this and I will be able to collect welfare.
    This is what Obama wants,to drive you to goverment health care, his so called one payer system.He knows we can`t afford many more premium
    increases,then we will have to go to his one payer system. ( SOCIALISM )

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