Judge in Va. strikes down federal health care law

[Peter Pan]

Judge in Va. strikes down federal health care law

By LARRY O'DELL, Associated Press Larry O'dell, Associated Press – 9 mins ago
RICHMOND, Va. – A federal judge rejected a key provision of the Obama administration's health care law as unconstitutional Monday, ruling the government cannot require people to buy insurance, in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court.

U.S. District Judge Henry E. Hudson is the first federal judge to strike down the law, which has been upheld by two other federal judges in Virginia and Michigan. Several other lawsuits have been dismissed and others are pending, including one filed by 20 other states in Florida.

The government had argued the Commerce Clause of the Constitution gives the government the power to require individuals to buy health insurance or face a penalty, a provision due to take effect in 2014.

But Hudson sided with Virginia Attorney General Kenneth Cuccinelli in saying the mandate overstepped the Constitution.

"This case, however, turns on atypical and uncharted applications of constitutional law interwoven with subtle political undercurrents," Hudson wrote. "The outcome of this case has significant public policy implications. And the final word will undoubtedly reside with a higher court."

There was no immediate comment from the White House.

The Department of Justice, which defended the law in court, stood by its argument that Congress was within its rights to enact the law.

"We are disappointed in today's ruling but continue to believe — as other federal courts in Virginia and Michigan have found — that the Affordable Care Act is constitutional," said Justice Department spokeswoman Tracy Schmaler.

The lawsuit was filed by Cuccinelli, a Republican, in defense of a new state law that prohibits the government from forcing state residents to buy health insurance.

Cuccinelli argued that while the government can regulate economic activity that substantially affects interstate commerce, the decision not to buy insurance amounts to economic inactivity that is beyond the government's reach.

"This won't be the final round, as this will ultimately be decided by the Supreme Court, but today is a critical milestone in the protection of the Constitution," Cuccinelli said in a statement after the ruling.

Hudson, a Republican appointed by President George W. Bush, sounded sympathetic to the state's case when he heard oral arguments in October, and the White House expected to lose this round.

Administration officials told reporters last week that a negative ruling would have virtually no impact on the law's implementation, noting that its two major provisions — the coverage mandate and the creation of new insurance markets — don't take effect until 2014.

Now to get Congress to not fund the new law to put some real teeth into the situation

[ChasC5]

Just say Hell No!

Anyone care to guess how many people who are saying no, are getting Government Health Care?

Hell no, right you to the point of taking their health care away.

[Peter Pan]

Yes the ones that are in congress that voted no have Health Care as do those that voted yes, oh they are exempt from this law, they are above it and already have Federal Coverage.

[Y2Kvert4me]

Originally Posted by Peter Pan

Administration officials told reporters last week that a negative ruling would have virtually no impact on the law's implementation, noting that its two major provisions — the coverage mandate and the creation of new insurance markets — don't take effect until 2014.

With 60% of American voters wanting it repealed, rest assured it will be only a bad memory by 2014.

[Joecooool]

Henry Hudson, Judge In Health Care Lawsuit, Has Financial Ties To Attorney General Bringing The Case

The federal judge set to issue one of the first decisions on the Obama administration's health care law has financial ties to both the attorney general who is challenging the law and to a powerhouse conservative law firm whose clients include prominent Republican officials and critics of reform.

This week, District Court Judge Henry E. Hudson is likely to render a procedural verdict on the Virginia Attorney General's lawsuit which contends that the federal health care overhaul is unconstitutional. The Bush appointee has been hearing oral arguments in his Richmond courtroom dating back to March. His verdict could serve as an important template for more than a dozen other states following Virginia's lead.

But with power comes scrutiny. And as judgment day approaches, a Democratic source sends over judicial disclosure forms Hudson filed that could raise questions about his impartiality. From 2003 through 2008, Hudson has been receiving "dividends" from Campaign Solutions Inc., among other investments. In 2008, he reported income of between $5,000 and $15,000 from the firm. (Data from 2009 was not available at the Judicial Watch database.)

A powerhouse Republican online communications firm, Campaign Solutions, has done work for a host of prominent Republican clients and health care reform critics, including the RNC and NRCC (both of which have called, to varying degrees, for health care reform's repeal). The president of the firm, Becki Donatelli, is the wife of longtime GOP hand Frank Donatelli, and is an adviser toformer Alaska Gov. Sarah Palin, among others.

Another firm client is Ken Cuccinelli, the Attorney General of Virginia and the man who is bringing the lawsuit in front of Hudson's court. In 2010, records show, Cuccinelli spent nearly $9,000 for Campaign Solutions services.

Campaign Solutions did not immediately return a request for information on the judge's relationship with the company.

The nexus between the chief lawyer and the judge spurs questions about judicial objectivity. At the very least, it shows how tightly connected the legal and political worlds can be and how difficult it is to remove the partisan threads from the heath care related lawsuits.

[Peter Pan]

Those are health companies or campaign companies?

[ChasC5]

Originally Posted by TxAg

How about you give us a verifiable number.

All the individuals we're paying.

[Peter Pan]

Originally Posted by ChasC5

All the individuals we're paying.

As usual deflection from the question

[ChasC5]

Originally Posted by Peter Pan

As usual deflection from the question

This isn’t the CF/PR&C; I don’t have to run Google every time you give an order.

If I post something, deal with it. Why, because you have to.

[Tinkerbell in Texas]

Originally Posted by ChasC5

This isn’t the CF/PR&C; I don’t have to run Google every time you give an order.

If I post something, deal with it. Why, because you have to.

It isn't???????? By the way you and exotix keep referencing it I almost thought we'd slipped into some sort of multi-dimensional time warp or something!!!

[Peter Pan]

Originally Posted by ChasC5

This isn’t the CF/PR&C; I don’t have to run Google every time you give an order.

If I post something, deal with it. Why, because you have to.

Just more lib BS being spewed without any facts to back them up, getting used to all the hot air coming off your keyboard

[ChasC5]

Originally Posted by Peter Pan

Just more lib BS being spewed without any facts to back them up, getting used to all the hot air coming off your keyboard

Still hung over from the B-Day bash?

[Kneel 8250]

Originally Posted by ChasC5

This isn’t the CF/PR&C; I don’t have to run Google every time you give an order.

If I post something, deal with it. Why, because you have to.

Carefull there Chas. Get your blood pressure down mate.
We dont want you suffering an anneurism now do we????????

[Peter Pan]

Originally Posted by ChasC5

Still hung over from the B-Day bash?

Yes I got wasted on coke zero and the global warmed air I was breathing

[Tinkerbell in Texas]

Originally Posted by Peter Pan

Yes I got wasted on coke zero and the global warmed air I was breathing

That coke zero will do it every time!!

[ChasC5]

Originally Posted by Peter Pan

Yes I got wasted on coke zero and the global warmed air I was breathing

Oh that stuff is nasty … but if we ever meet, I know what to get you at the Bar. Just don’t get pissed if you get laughed at.

BTW; I’ll take Jim Beam … on the Rocks

[Kneel 8250]

Originally Posted by ChasC5

Oh that stuff is nasty … but if we ever meet, I know what to get you at the Bar. Just don’t get pissed if you get laughed at.

BTW; I’ll take Jim Beam … on the Rocks

Jim Beam is a girls drink. Real men drink Jack Daniels straight.

[Tinkerbell in Texas]

Originally Posted by Kneel 8250

Jim Beam is a girls drink. Real men drink Jack Daniels straight.

Jim Beam and Jack Daniels are for Rednecks.........REAL men drink Scotch!!!!

[Kneel 8250]

Originally Posted by Tinkerbell in Texas

Jim Beam and Jack Daniels are for Rednecks.........REAL men drink Scotch!!!!

Tinkerbell !!!!!!!!!! Really!!!!!!!!

[ChasC5]

Originally Posted by Kneel 8250

Jim Beam is a girls drink. Real men drink Jack Daniels straight.

Jack and Jim are best friends and were born only a few miles from each other.

That’s why they sit side-by-side in my Bar.

But their bigger Brothers are named Jim Beam Black and Jack Single Barrel.

And yes, I treat then equal, no Racism practiced in my Bar

Tinker; The only thing I drink straight, Tequila and Jameson … No Vodka

Sorry Peter ... are we Hi-Jacking?