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popsjumper

Federal Judge to Rule on Health Law's Constitutionality

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Could Obama's bridge come tumbling down?

http://online.wsj.com/article/SB10001424052748704058704576015631138296112.html?mod=WSJ_article_LatestHeadlines

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A Virginia federal judge is expected to rule Monday on whether the Obama administration's health law violates the Constitution, opening a new stage in the administration's defense of its biggest legislative achievement.

The ruling by District Judge Henry E. Hudson is perhaps the most significant so far among a slew of state-based legal challenges to the law, which also faces attack by newly resurgent Republicans in Congress. More than 20 federal lawsuits have been filed against the health overhaul since President Barack Obama signed it in March.

While the cases differ somewhat, they largely rest on the argument that Congress lacks constitutional authority to require most Americans to carry health insurance or pay a fee. The Obama administration counters that three clauses of the Constitution gave Congress the power to put the requirement, known as the individual mandate, in the law as part of regulating how people pay for health care....



"Achievement" is debatable.
My reality and yours are quite different.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239

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Regardless of his ruling, it's unlikely to stop the insanity in its tracks. It's likely that the mess will continue until the SC rules...IF/when it gets there and IF they agree to hear the case.
My reality and yours are quite different.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239

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You'd think having a tidal estuary named after you would be accomplishment enough. But no...



since you are the house lawyer, I'm really interested in what you think...

I'll be honest...I'm lost when it comes to this health care stuff...

I don't even know what you're talking about...:$

I haven't been to the doctor in 20 years...my guess is that if I need one, it's gonna be for an autopsy...:D

...but no...JK...seriously...wat do ya think?
Your secrets are the true reflection of who you really are...

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I think this is one of those newer issues, not really analyzed by courts before, that makes it difficult to predict how this will pan out in the long run. There are reasonable arguments both pro and con Constitutionality. In all likelihood, there will be a spate of lower federal court rulings, some of which might conflict with each other; and eventually it will be decided by the SCOTUS.

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Agreed. With the downfall of the Reserved Powers and the rise of political gain over legal precedent, I expect this will drawn out until the law is firmly entrenched and it's legality is irrelevant.
I know it just wouldnt be right to kill all the stupid people that we meet..

But do you think it would be appropriate to just remove all of the warning labels and let nature take its course.

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Update: This particular judge just ruled the law unconstitutional earlier today.
So, that's 2 to 1 so far: 1 VA judge ruling the law unconstitutional, and another VA judge and a Michigan judge upholding the law. Probably more conflicting rulings comin' down the pike.
Appeals are certain. I'll be quite surprised if the SCOTUS does not ultimately agree to be the final arbiter.

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I'd be surprised too, but this is only a district judge, so its got quite a long way to go.



And I'm still standing on my opinion:
"Regardless of his ruling, it's unlikely to stop the insanity in its tracks. It's likely that the mess will continue until the SC rules...IF/when it gets there and IF they agree to hear the case."
My reality and yours are quite different.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239

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