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2010-12-13 Home Front: Politix

Judge in Va. strikes down federal health care law

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Posted by DarthVader 2010-12-13 12:37|| || Front Page|| [2 views ] Top

#1 Judge Hudson on the governments argument that it has the power to require individuals to buy health insurance:

Of course, the same reasoning could apply to transportation, housing or nutritional decisions, Hudson wrote. This broad definition of the economic activity subject to congressional regulation lacks logical limitation and is unsupported by previous legal cases around the Commerce Clause of the Constitution.

Are ya taking it seriously yet, you despotic dingbat?

Posted by ryuge 2010-12-13 14:01|| 2010-12-13 14:01|| Front Page Top

#2 He held it severable because otherwise he would have had to strike down the entire law, and he didn't want to go that far.

Posted by Iblis 2010-12-13 14:02|| 2010-12-13 14:02|| Front Page Top

#3 The case MUST be made that it is NOT severable, so the ENTIRE law can be struck doown.

Posted by OldSpook 2010-12-13 19:01|| 2010-12-13 19:01|| Front Page Top

#4 he pulled the non-severability from his ass. It will get a looking-at

Posted by Frank G 2010-12-13 21:15|| 2010-12-13 21:15|| Front Page Top

#5 Having just finished it, Hudson's decision seems a reasonable best-case scenario. However while it's not exactly a house of cards there are many avenues of attack open to the government that will appeal strongly to appellate judges should such be predisposed to want to uphold the new law.

If this decision stands (big "if") it will likely either accelerate the intended consequences (bankrupting private insurers), force a massive overhaul of the legislation, or both despite blocking only one narrow provision of the bill. But it's worth remembering that two other federal judges have already found in favor of the government and others have merely dismissed challenges. This is an important first step but no more than that.

Posted by AzCat 2010-12-13 21:37|| 2010-12-13 21:37|| Front Page Top

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