All right  ;D  8)


PENSACOLA, Fla. — Crucial pieces of a lawsuit challenging the Obama administration's health care overhaul can go to trial, with a judge ruling Thursday he wants to hear more arguments over whether it's constitutional to force citizens to buy health insurance.

In a written ruling, U.S. District Judge Roger Vinson said it also needs to be decided whether it's constitutional to penalize people who do not buy insurance with taxes and to require states to expand their Medicaid programs. Another federal judge in Michigan threw out a similar lawsuit last week.

Vinson set a hearing for Dec. 16. The lawsuits will likely wind up before the U.S. Supreme Court.

In his 65-page ruling, Vinson largely agreed with the 20 states and the National Federation of Independent Business, saying Congress was intentionally unclear when it created penalties in the legislation. The states have argued that Congress is overstepping its constitutional authority by penalizing people for not doing something — not buying health insurance.

Much More

The parts that passed to the next level will rip out the heart of Obamacare. If you remove the means of funding then this whole plan is utterly unworkable.

Allowing one State to move forward on a lawesuit is a serious threat, 20 States, is a death sentence. 8)

 http://www.newsmax.com/Newsfront/Legal-Setback-Obamacare-Batters/2010/10/15/id/373857

Legal Setback to Obamacare Batters Democrats as Midterms Loom
Friday, 15 Oct 2010 01:44 PM Article Font Size     
By: David A. Patten

The double whammy of constitutional challenges in Florida and Virginia against Democrats' massive healthcare overhaul on the eve of the midterm elections is shaping up to have major implications in tight races nationwide, political commentators tell Newsmax.

On Thursday, a federal district judge issued a stinging order rebuking Justice Department attorneys for using "Alice-in-Wonderland" arguments against a 20-state lawsuit challenging the constitutionality of Obamacare.

Judge Roger Vinson, a Reagan appointee to the bench, ordered a trial of the lawsuit to begin Dec. 16. Florida Attorney General Bill McCollum described the ruling as nothing less than a "victory for the American people."

Adding to the administration's political woes: On Monday morning, arguments in a similar-but-separate lawsuit against Obamacare, which was filed by Virginia Attorney General and rising GOP star Ken Cuccinelli, are scheduled to get under way in Richmond, Va.

The timing for the issue to make headlines could hardly be worse for Democrats. Polls show the Patient Protection and Affordable Care Act continues to be unpopular with voters.

The House passed the measure this year via the legislative maneuver known as "reconciliation," a process generally reserved for bills focusing on appropriations and the federal budget. Until now, Democratic leaders scoffed at any suggestion they could lack the constitutional right to order all Americans to engage in economic transactions not required by the states in which they live.

Last October, a reporter had the temerity to ask House Speaker Nancy Pelosi, D-Calif: "Madam Speaker, where specifically does the Constitution grant Congress the authority to enact an individual health insurance mandate?"

Pelosi's imperious response was vintage Beltway hubris: "Are you serious?" she asked, aghast. "Are you serious?"

Later, her spokesman told the reporter: "You can put this on the record. That is not a serious question. That is not a serious question."

But so far, two federal judges have determined that question to be a very serious one indeed. And Democrats fighting the adverse tide of this election cycle may find it increasingly difficult to explain why they didn't focus more of their political capital on creating jobs, instead of creating of a vast new entitlement program.

CONT at newsmax


Even if the republicans take congress and the senate it will not be a veto proof majority but this judge with a stroke of his pen can stop it in it's tracks on constitutional grounds. Appeal would go to the appellate court in Atlanta which is consitered a conservative court over seen by i believe justice Kennedy. Depending on this judges opinion and how well it is written Obama care could die there. If not it's on to a 5-4 conservitive supreme court. 
Without  centerpiece of his administration Obama is dead, lame duck!!  ;D ;D ;D   
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Quote from: Solar on October 15, 2010, 06:23:54 AM
Allowing one State to move forward on a lawesuit is a serious threat, 20 States, is a death sentence. 8)

And it will eventually be heard by the same supreme court that Obama gave the middle finger to during his last state of the union speech. Ah the sweet irony of that point.