Judge Roger Vincent Has Clarified Himself on OBAMACARE for the Dept of Justice

Started by U_Kay, March 03, 2011, 10:43:10 AM

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taxed

This is good, but he shouldn't have to "clarify his position".  This makes me madder than it makes me happy...
#PureBlood #TrumpWon

U_Kay

I just caught a tad of Rush Limbaugh on this subject and basically what he said is they have angered Vincent! He has slammed down the gauntlet by giving the DoJ only one week to make an appeal. I dont quite follow the legality of this, but it seems the DoJ were hoping to continue dragging their feet and not allow this ruling to be the first to go forward to the appeals court. Now it seems this is the one that will head to the Supremes or else Obamacare is completely over. Why? It will be VOID if the DoJ doesnt press forward with this ruling within the next 7 days. I dont think the DoJ expected this turn of events. This is not what they thought would occur.

Vincent has rocked the DoJ's world so it seems.

arpad

Cool. Sometimes I get tired of looking for the silver lining so it's nice to have it plop into my lap.

I'm somewhat optimistic that Obamacare will end with a crash rather then being whittled down a slice at a time and this news gives me some reason to believe that the crash is imminent.

taxed

#PureBlood #TrumpWon

Solar

Quote from: arpad on March 03, 2011, 12:20:16 PM
Cool. Sometimes I get tired of looking for the silver lining so it's nice to have it plop into my lap.

I'm somewhat optimistic that Obamacare will end with a crash rather then being whittled down a slice at a time and this news gives me some reason to believe that the crash is imminent.
I tend to agree, but don't expect any fanfare on behalf of the media, they will do their best to give it a very quiet funeral.
The less attention paid to the long list of failures by the leftists, the happier they are.

On the other hand, we will need to scream it from the highest mountains.
Official Trump Cult Member

#WWG1WGA

Q PATRIOT!!!

U_Kay

@ Taxed~ Who is Goose??

Any way, it first appeared that Obama had won against Vincent (according to the MSM), but not at all so according to Rush Limbaugh! What he is claiming is Vincent has now placed the DoJ in the check position and this means Vincent's ruling is the very ruling they are now forced to take to the Supremes instead of any other.


Goose

Quote from: taxed on March 03, 2011, 12:22:12 PM
I wish Goose was over here to give us his 2 cents...
Well golly gee, I don't believe I have ever been asked for my 2 cents 8)
I have been on a number of occasions told to keep it to myself though ;D

I don't think I can add too much more to this topic.  I am very pleased that at least this judge seems to have read the Constitution at least once.

There are only three requirements to live in the USA.
1. Be a US Citizen by birthright
2. Be a US Citizen by naturalization
3. Be a legal resident

I may not have the right to win the California lottery, but I darned sure have the right to live here.

Obamacare adds another requirement for me to live in MY country.  I have to buy something, in this case their shoddy insurance plan.  My only choices since this law passed is..
1. Buy the plan
2. Pay the fine (I don't care what they call it it is a fine)
3. Go live in another country
4. Die

None of those things are required of me by the Constitution.
This is much different than requiring me to buy car insurance to drive.  I can choose..
1. Not to drive (but I can still live here)
2. Self Insure (Obamacare will not let even those who can afford it to self insure)
Either way it in no puts an unconstitutional requirement on my birthright.

All though reading the judges comments did bring out one thing that I had not thought of.  Congress did this because they realize that the only way to make the plan "work" would be if everyone had to lockstep behind it.  Having no opt out clause shows that the makers of this menagerie had no confidence in the bill itself.

Hopefully this thing will crash and burn in one big pile at the steps of SCOTUS.
I have never seen a wild thing feel sorry for itself. A little bird will fall dead, frozen from a bough, without ever having felt sorry for itself.--D.H. Lawrence

taxed

Quote from: Goose on March 03, 2011, 06:44:02 PM
Well golly gee, I don't believe I have ever been asked for my 2 cents 8)
I have been on a number of occasions told to keep it to myself though ;D

I don't think I can add too much more to this topic.  I am very pleased that at least this judge seems to have read the Constitution at least once.

There are only three requirements to live in the USA.
1. Be a US Citizen by birthright
2. Be a US Citizen by naturalization
3. Be a legal resident

I may not have the right to win the California lottery, but I darned sure have the right to live here.

Obamacare adds another requirement for me to live in MY country.  I have to buy something, in this case their shoddy insurance plan.  My only choices since this law passed is..
1. Buy the plan
2. Pay the fine (I don't care what they call it it is a fine)
3. Go live in another country
4. Die

None of those things are required of me by the Constitution.
This is much different than requiring me to buy car insurance to drive.  I can choose..
1. Not to drive (but I can still live here)
2. Self Insure (Obamacare will not let even those who can afford it to self insure)
Either way it in no puts an unconstitutional requirement on my birthright.

All though reading the judges comments did bring out one thing that I had not thought of.  Congress did this because they realize that the only way to make the plan "work" would be if everyone had to lockstep behind it. 
Hey Goose!  Glad you can make it over!!  I know you are in the legal realm (I can't remember to what extent), but I love reading your posts at LNF on such topics...


Quote
Having no opt out clause shows that the makers of this menagerie had no confidence in the bill itself.

Hopefully this thing will crash and burn in one big pile at the steps of SCOTUS.
Hmmmm....

Let me ask, can they file an appeal and then figure out on what grounds to buy themselves time, or if they appeal, do they have to have the reason behind it? (I know that's a laymen question and I should know that)....
#PureBlood #TrumpWon

Goose

Quote from: taxed on March 03, 2011, 06:57:23 PM
Hey Goose!  Glad you can make it over!!  I know you are in the legal realm (I can't remember to what extent), but I love reading your posts at LNF on such topics...
Hi Taxed
Not sure where I got the rep for being in the legal realm.  I am at best what we used to call in the Marines a seabag lawyer.  I have read the Constitution and other similar documents numerous times, but I am definately not an expert.  I am only really good at a few things...
1. Can't talk about it but my wife will back me up 8)
2. I can hit center mass at 500 yards practically everytime in the prone position and an M-16
3. I play a pretty mean blues guitar
4. I can sell snow balls to Eskimos
5. I have won numerous World's Greatest Dad awards.  I somehow seem to get one every June.  Once I got a plaque, but most awards have come in the form of a shirt or tie.

QuoteHmmmm....

Let me ask, can they file an appeal and then figure out on what grounds to buy themselves time, or if they appeal, do they have to have the reason behind it? (I know that's a laymen question and I should know that)....
I am sure they can file an appeal and this is why someone need to step up and injoin the administration from enacting the bill until it makes it's way through SCOTUS.  This is exactly what injunctions were made for.   If you can show that the whole bill will likely be tossed as unconstitutional then there is no sense not to put a stop to it's implementation.  Too much money and heartache will be wasted in the meantime.  What I would like to know is if there is some type of fast track that can get this to SCOTUS before the end of the year?
I have never seen a wild thing feel sorry for itself. A little bird will fall dead, frozen from a bough, without ever having felt sorry for itself.--D.H. Lawrence

taxed

Quote from: Goose on March 03, 2011, 07:11:03 PM
Hi Taxed
Not sure where I got the rep for being in the legal realm.  I am at best what we used to call in the Marines a seabag lawyer.  I have read the Constitution and other similar documents numerous times, but I am definately not an expert.  I am only really good at a few things...
1. Can't talk about it but my wife will back me up 8)
2. I can hit center mass at 500 yards practically everytime in the prone position and an M-16
3. I play a pretty mean blues guitar
4. I can sell snow balls to Eskimos
5. I have won numerous World's Greatest Dad awards.  I somehow seem to get one every June.  Once I got a plaque, but most awards have come in the form of a shirt or tie.
hahahahaha

Back in my corporate days, I had a boss who was an ex Delta Force guy, and he was just always intense.  One time we were in a meeting with 15 or so uptight corporate guys, and someone asked him "How do you go about solving a problem?"... he said "Two shots, center body mass"...   A few people laughed nervously, but I laughed out loud...


Quote
I am sure they can file an appeal and this is why someone need to step up and injoin the administration from enacting the bill until it makes it's way through SCOTUS.  This is exactly what injunctions were made for.   If you can show that the whole bill will likely be tossed as unconstitutional then there is no sense not to put a stop to it's implementation.  Too much money and heartache will be wasted in the meantime.  What I would like to know is if there is some type of fast track that can get this to SCOTUS before the end of the year?

It sounds like you think it will fizzle out...
#PureBlood #TrumpWon

walkstall

Quote from: Goose on March 03, 2011, 07:11:03 PM
Hi Taxed
Not sure where I got the rep for being in the legal realm.  I am at best what we used to call in the Marines a seabag lawyer.  I have read the Constitution and other similar documents numerous times, but I am definately not an expert.  I am only really good at a few things...
1. Can't talk about it but my wife will back me up 8)
2. I can hit center mass at 500 yards practically everytime in the prone position and an M-16
3. I play a pretty mean blues guitar
4. I can sell snow balls to Eskimos
5. I have won numerous World's Greatest Dad awards.  I somehow seem to get one every June.  Once I got a plaque, but most awards have come in the form of a shirt or tie.
I am sure they can file an appeal and this is why someone need to step up and injoin the administration from enacting the bill until it makes it's way through SCOTUS.  This is exactly what injunctions were made for.   If you can show that the whole bill will likely be tossed as unconstitutional then there is no sense not to put a stop to it's implementation.  Too much money and heartache will be wasted in the meantime.  What I would like to know is if there is some type of fast track that can get this to SCOTUS before the end of the year?


Nice having you on the board young man.   8)
A politician thinks of the next election. A statesman, of the next generation.- James Freeman Clarke

Always remember "Feelings Aren't Facts."

Goose

Quote from: taxed on March 03, 2011, 07:25:55 PM
It sounds like you think it will fizzle out...
I sure hope so, and not because of national heathcare or not.  That is another debate.  To me Obamacare is even more scary because of the mandatory participation clause.

Everytime the government decides we have some type of newly discovered right (in this case, the "right" to healthcare) it seems it is only a matter of time before that right becomes a burden.

The very first step to controlling something is making a list.  For all the great things the framers of the Constitution did, I personally believe that the Bill of Rights was a big mistake.   When the Constitution was drawn up, it was obvious to all that a select few rights of the people and the individual states would be ceded to the federal government for the good of the republic.  There was already a section of the Constitution that said that those powers not expressly given to the Federal government were the realm of the individual states and the people.

Then some decided to add the Bill of Rights.  Now we have had 200+ years of tireless legislation and court cases on things like the right to bear arms.  All it takes is one wonderkid to come up with some new interpretation or insight into the "minds of the framers" to start a whole new round of regulating my right and then needless lawsuits.
I have never seen a wild thing feel sorry for itself. A little bird will fall dead, frozen from a bough, without ever having felt sorry for itself.--D.H. Lawrence

U_Kay

Quote from: U_Kay on March 03, 2011, 12:41:11 PM
@ Taxed~ Who is Goose??

Any way, it first appeared that Obama had won against Vincent (according to the MSM), but not at all so according to Rush Limbaugh! What he is claiming is Vincent has now placed the DoJ in the check position and this means Vincent's ruling is the very ruling they are now forced to take to the Supremes instead of any other.

Hey Goose! Thanks for popping in. Question for you~~

I stated something above that is not exactly legally accurate and I know it... Here is my point that is not exactly accurate. Vincent's ruling is the very ruling they are now forced to take to the Supremes instead of any other.

What I should have stated was that what I understand is that Vincent's ruling (the 7 days imposed on Obama's DoJ) is now forcing the DoJ to take Vincent's ruling to the Court of Appeals and or Supremes and hence it is triggering The 26 STATES VS Sebellius and Obamacare to move forward ahead of all other Obamacare lawsuits.

Why is this point so pertinent vs the other cases in reference to Obamacare?

Btw, thanks for coming in here. You have helped me tremendously!

taxed

Quote from: U_Kay on March 03, 2011, 08:30:25 PM

Hey Goose! Thanks for popping in. Question for you~~

I stated something above that is not exactly legally accurate and I know it... Here is my point that is not exactly accurate. Vincent's ruling is the very ruling they are now forced to take to the Supremes instead of any other.

What I should have stated was that what I understand is that Vincent's ruling (the 7 days imposed on Obama's DoJ) is now forcing the DoJ to take Vincent's ruling to the Court of Appeals and or Supremes and hence it is triggering The 26 STATES VS Sebellius and Obamacare to move forward ahead of all other Obamacare lawsuits.

Why is this point so pertinent vs the other cases in reference to Obamacare?

Btw, thanks for coming in here. You have helped me tremendously!

Hey UK,

Here is some more perspective on the ruling, from Mark Levin's show today...

http://onair.mediafly.com/Podcasts/Feeds/The_Official_Mark_Levin_Show_Audio_Rewind_3#0303_The_Mark_Levin_Show_17
#PureBlood #TrumpWon