A couple weeks ago and this would have been the BIG story of the day. . .
Newsmax:
Fla. Judge Strikes Down Health Overhaul
Monday, 31 Jan 2011
PENSACOLA, Fla. – A federal judge ruled Monday that the Obama administration's health care overhaul is unconstitutional, siding with 26 states that sued to block it. U.S. District Judge Roger Vinson accepted without trial the states' argument that the new law violates people's rights by forcing them to buy health insurance by 2014 or face penalties.
Attorneys for the administration had argued that the states did not have standing to challenge the law and that the case should be dismissed.
The next stop is likely the U.S. Supreme Court. Two other federal judges have upheld the insurance requirement, but a federal judge in Virginia also ruled the insurance provision violates the Constitution.
In his ruling, Vinson went further than the Virginia judge and declared the entire health care law unconstitutional.
"This is obviously a very difficult task. Regardless of how laudable its attempts may have been to accomplish these goals in passing the Act, Congress must operate within the bounds established by the Constitution," Vinson wrote in his 78-page ruling.
At issue was whether the government is reaching beyond its constitutional power to regulate interstate commerce by requiring citizens to purchase health insurance or face tax penalties.
Attorneys for President Barack Obama's administration had argued that the health care system was part of the interstate commerce system. They said the government can levy a tax penalty on Americans who decide not to purchase health insurance because all Americans are consumers of medical care.
But attorneys for the states said the administration was essentially coercing the states into participating in the overhaul by holding billions of Medicaid dollars hostage. The states also said the federal government is violating the Constitution by forcing a mandate on the states without providing money to pay for it.
Florida's former Republican Attorney General Bill McCollum filed the lawsuit just minutes after Obama signed the 10-year, $938 billion health care bill into law in March. He chose a court in Pensacola, one of Florida's most conservative cities. The nation's most influential small business lobby, the National Federation of Independent Business, also joined.
Other states that joined the suit are: Alabama, Alaska, Arizona, Colorado, Georgia, Indiana, Idaho, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin and Wyoming.
Midnight Rider,
ReplyDeleteI'm so glad this happened. I do not want Canada's health care system here.
Way to go! Looks like we are heading in the right direction....
ReplyDeleteThe Federal government does not have the authority because it is not specifically outlined in the constitution. On cannot site the welfare clause in the preamble since Article 1 section 8 defines congressional power for both commerce and taxes. Section 9 outlines its limits. Amendment 16 further clarifies the taxing authority of the Federal Government.
ReplyDeleteThe individual states DO have the authority since all powers at the Federal level are automatically reserved to the states and the people - Amendment 10; now what of the remaining authority resides with the State and the people will depend upon each States constitution.
Obviously this will eventually go all the way to the Supreme Court, but the scholarly ruling by Judge Vinson was well crafted and a real boost to overturning the law. Actually, you now have to say it HAS been overturned, in its entirety, and only a successful series of appeals can save it, absent Congressional action.
ReplyDeleteAre you an Attorney, Chris?
ReplyDelete