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Florida Judge Rules Individual Mandate in Health Care Law Is Unconstitutional

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Per Fox New's alerts on their home page.

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And without the standard sever-ability clause that was not inserted since a working version had to be passed the whole act, all 2000+ pages, is ruled null.

 

http://www.reuters.com/article/2011/01/31/us-usa-healthcare-ruling-idUSTRE70U6RY20110131?feedType=RSS&feedName=healthNews

 

"Because the individual mandate is unconstitutional and not severable, the entire act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications," Vinson wrote.

And the ruling will be overturned.

And the ruling will be overturned.

 

Based on?

And the ruling will be overturned.

 

Not in that Circuit. This will get to the Supremes before the others.

It is an activist judge if a conservative decision strikes down a liberal decision?

And without the standard sever-ability clause that was not inserted since a working version had to be passed the whole act, all 2000+ pages, is ruled null.

 

http://www.reuters.com/article/2011/01/31/us-usa-healthcare-ruling-idUSTRE70U6RY20110131?feedType=RSS&feedName=healthNews

 

"Because the individual mandate is unconstitutional and not severable, the entire act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications," Vinson wrote.

 

In the little I've read so far there are some legal scholars that hold the belief that the lack of the severability clause can be added post facto. Others believe the court can strike the individual mandate even without the clause.

 

It will be an interesting debate.

It is an activist judge if a conservative decision strikes down a liberal decision?

 

No, only if it's a liberal judge striking down a conservative decision...

In the little I've read so far there are some legal scholars that hold the belief that the lack of the severability clause can be added post facto. Others believe the court can strike the individual mandate even without the clause.

 

It will be an interesting debate.

 

I just like the reason it is not included. Well not really. But I believe you know why it is not.

 

This judge (who is from Kentucky) put a definite stake in the ground. And he knew when he did it and addressed it up front. Refreshing.

 

You are correct it will be interesting.

In the little I've read so far there are some legal scholars that hold the belief that the lack of the severability clause can be added post facto. Others believe the court can strike the individual mandate even without the clause.

 

It will be an interesting debate.

 

Would it require going through the house and senate to add it?

I just like the reason it is not included. Well not really. But I believe you know why it is not.

 

This judge (who is from Kentucky) put a definite stake in the ground. And he knew when he did it and addressed it up front. Refreshing.

 

You are correct it will be interesting.

 

Us Briers are a big influence all over the place down here. :D

WARNING! Obligatory sexist remark.

 

Florida has the hottest Attorney General in the nation. :thumb:

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