Judge in Va. strikes down federal health care law

  • metta

    Posts: 39144

    Dec 13, 2010 8:45 PM GMT
    Judge in Va. strikes down federal health care law


    http://news.yahoo.com/s/ap/20101213/ap_on_bi_ge/us_health_care_overhaul_virginia

    So does this mean that it has to be called a tax for it to work?
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    Dec 13, 2010 9:02 PM GMT
    It means to me that these republicans in the capital in yet another southern state are making us look like we want to revive the Civil war Era. The Nuts in our Capitol of Richmond, VA have taken one backward thinking action after another, the first of which was to allow Virginia Colleges to discriminate against gays if they so desire. Welcome to VA
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    Dec 13, 2010 10:20 PM GMT
    southbeach1500 said
    metta8 saidJudge in Va. strikes down federal health care law


    http://news.yahoo.com/s/ap/20101213/ap_on_bi_ge/us_health_care_overhaul_virginia

    So does this mean that it has to be called a tax for it to work?


    Already being discussed here:

    Key Part of Obamacare Found Unconstitutional


    To answer your question, yes, the administration and Democrats in Congress are trying to have it both ways.

    The first half of the administration's case is that due to the Commerce clause, they have the authority to compel all citizens to purchase a good or service from a private entity (clearly they do not).

    The other half of the administration's schizo defense is that the mandate isn't commerce, but simply a "tax" and that Congress has the authority to tax (which it does).

    Sounds like a formula for a losing case.


    How could anyone construe "buying insurance" to be a tax?
  • Menergy_1

    Posts: 737

    Dec 14, 2010 1:13 AM GMT
    since it's in another thread, please check out the breaking report that the judge in this case has a major conflict of interest since he owns significant part of a GOP consulting firm that worked hard on defeating the health care reform bills in Congress -- and he was supporting this effort. Bias seems pretty clear and he should have recused himself, it seems to me and others.


    http://gawker.com/5713041/judge-who-ruled-health-care-reform-unconstitutional-owns-piece-of-gop-consulting-firm