A U.S. Federal Appeals Court has ruled that a key part of "ObamaCare" is simply unconstitutional!
NEWS BRIEF: "U.S. federal court rules key part of Obamacare unconstitutional", China News, 12/14/2010
"A U.S. federal court in Virginia on Monday (12/13/10) ruled individual health coverage requirement of Obama's healthcare reform law unconstitutional. This is the first federal court to strike down the law. U.S. District Judge Henry E. Hudson, a Republican appointed by former President George W. Bush, ruled that the Obamacare's requirement that citizens buy health insurance or pay a penalty is unconstitutional."
A state Republican Attorney General was the one who filed the lawsuit, claiming that the Constitution forbade the government provision that every citizen could be coerced into buying health insurance.
"The lawsuit was filed by Virginia Republican Attorney General Kenneth Cuccinelli, who was trying to defend a new state statute that made it illegal to force state residents to buy health insurance."
Therefore, this attack on ObamaCare was aimed at a very specific provision, not the entire package. Indeed, this seems to be the Republican strategy as the new Congress convenes in January.
"In a document released before the midterm elections last month, Republicans made repealing the healthcare law one of their top priorities. With their overwhelming victory in the elections, Republicans are expected to redouble their efforts to strike down the law after the new Congress convenes in January. Analysts see the repeal of the entire healthcare law through Congress as something unlikely, given the fact that Democrats still control the Senate and Obama has the veto power. Instead, they believe Republicans have a better chance of stripping certain provisions off the reform package through legal procedures."
Further, even this victory is not complete. The Supreme Court will have the final say. Only if the Supreme Justices uphold this ruling will ObamaCare be changed.
However, given the new Republican majority in Congress, any provision knocked out by the Court will probably not be reinstated. Let us hope that Republicans will be preparing more challenges to more sections of this awful, Fascist program!
Do not put too much faith in the Supreme Court because it is just as sold out to the New World Order Plan as any other branch of the Federal Government, as the Illuminati Card Game card, shown above, proves.
Liberty Counsel also reports on the above ruling as their private anti-ObamaCare lawsuit also heads to Virginia court again soon...
December 13, 2010 Virginia Court Strikes Down Individual Mandate in Healthcare Law Richmond, VA – Today, Judge Henry Hudson ruled that the individual mandate in Section 1501 of the Patient Protection and Affordable Healthcare Act (ACA) healthcare law is unconstitutional. Judge Hudson ruled that Congress lacked the authority to mandate that every person must purchase healthcare insurance. The order severs the individual mandate from the law. The case was brought by Virginia Attorney General Ken Cuccinelli. This case will be appealed to the same court of appeals that will hear the lawsuit brought by Liberty University and private individuals who also object to the employer and the individual mandates. In the order, Judge Hudson wrote that the “enactment of the Minimum Essential Coverage Provision exceeds the Commerce Clause powers vested in Congress under Article I.” In ruling the individual mandate unconstitutional, Judge Hudson severed Section 1501 from the rest of the law. He wrote that the remaining bill which contained the healthcare law contains over 400 unrelated laws. *****As a practical matter, however, as Secretary Kathleen Sebelius of Health and Human Services admitted, the remainder of the ACA will not function without the individual mandate.***** Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, said: “I applaud the ruling by Judge Hudson. There is absolutely no authority in the Constitution that would allow the federal government to force every person to purchase a particular kind of health insurance. Today marks the beginning of the end of this federal power grab. I am confident when the Supreme Court hears the cases of Liberty University and the Virginia Attorney General that the final nail will be driven into this monster’s heart.” Liberty University’s case is currently pending appeal at the Fourth Circuit Court of Appeals. A briefing schedule has been issued by the court and the briefs will soon be filed. (...) |
November 30, 2010 Liberty Counsel’s Healthcare Lawsuit on Fast-Track to Court of Appeals Lynchburg, VA – Liberty University’s challenge to the healthcare law will now be heard by the Fourth Circuit Court of Appeals following today’s ruling by District Court Judge Norman Moon. Judge Moon found that Liberty University and two individual plaintiffs had standing to assert their constitutional claims against the individual and employer mandates in the healthcare law and that their claims were ripe for consideration. Judge Moon also held that the Anti-Injunction Act, which prohibits taxpayers from trying to enjoin the collection of taxes, does not bar the claims. He then ruled on the merits of the substantive claims, finding that Congress acted within its authority under the Commerce Clause when it enacted the mandates in the healthcare law. That dismissal on the merits tees up the Commerce Clause challenge, along with other constitutional challenges based upon the First Amendment and a challenge under the federal Religious Freedom Restoration Act (RFRA), for an immediate appeal to the Fourth Circuit Court of Appeals in Richmond, Virginia. Liberty Counsel, which represents the plaintiffs in the suit, will be filing the appeal immediately. This will bring to the forefront the core constitutional issue in the case–whether Congress’ power under the Commerce Clause includes mandating that individuals and employers be compelled to purchase government approved health insurance under threat of monetary penalty. Judge Moon’s ruling on the Commerce Clause claim contradicts decisions from courts in Richmond, Virginia, and Pensacola, Florida, which have denied similar motions to dismiss lawsuits against the healthcare bill. Those cases were not dismissed and are still pending in the district courts. The ruling by Judge Moon now allows Liberty University’s law suit to be the first case to reach the court of appeals on the substantive law issue. Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law said: “I am confident that the federal healthcare law will eventually be struck down on appeal because it is unconstitutional. Congress does not have the authority to force every American to purchase a particular kind of health insurance product. I am pleased the federal court found that Liberty University and the private plaintiffs have standing to pursue this claim. The court’s ruling on the merits of the Commerce Clause, while wrong now, puts the case on a fast track to the federal court of appeals. This ruling will expedite a final resolution of the case.” Receive our Press Release via RSS Find us on Facebook this Press Release or follow us on Join Freedom Federation |
ED WHITE - From Associated Press - October 07, 2010 11:39 PM EDT - DETROIT
"Without the minimum coverage provision, there would be an incentive for some individuals to wait to purchase health insurance until they needed care, knowing that insurance would be available at all times," the judge said. Continued:
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