Posts Tagged ‘health care bill’

Obama’s entire health care plan struck down by federal judge as unconstitutional – Full Text


Newscast Media HOUSTON, TX– Florida federal judge has struck down Obama’s health care plan that would have forced Americans to purchase health care whether they needed it or not. Those who couldn’t afford the plan and therefore would buy it, would have been fined for not buying the plan.

Federal Judge Roger Vinson in Florida ruled Monday that the entire health care law is unconstitutional and wrote in his 78-page ruling: “This is obviously a very difficult task. Regardless of how laudable its attempts may have been to accomplish these goals in passing the Act, Congress must operate within the bounds established by the Constitution.”

The ruling says, individual mandate, which imposes a fine on individuals who do not purchase health insurance, is unconstitutional and not “severable” from the full law. Therefore, “the entire act must be declared void.”

“It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place,” the ruling says.

You may read the entire ruling of Judge Vinson here. (PDF)

After Obama signed the highly-contested health care bill, 26 states including Texas filed a lawsuit in opposition to Obamacare. There is no doubt that the ruling by a federal judge of ObamaCare as unconstitutional will provide ammunition for his opponents in the 2012 presidential race.


1 comment - What do you think?  Posted by Joseph Earnest - February 1, 2011 at 1:33 am

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Texas AG to escalate case against Obama’s health care bill

Greg Abbott Texas Attorney General

Newscast Media HOUSTON, Texas — The controversial health care bill that expands the federal government’s role in health care is being met with more resistance by Texas and 20 other states, including Florida, that have signed on to the lawsuit filed in Pensacola to overturn it. Should the cases hit a snag in U.S. District Judge Roger Vinson’s courtroom this Thursday, escalation to the Supreme Court is expected.

The states that filed the lawsuits argue that forcing people to have health coverage is unconstitutional, and that the health care law violates state’s rights guaranteed in the Constitution by imposing massive forced spending for expanded health programs. Despite being pressured by the Justice Department to dismiss the bulk of the Florida lawsuit, Vinson has stood his ground and refused to grant them their requests.

On Monday, U.S. District Judge Henry Hudson, responding to a suit brought by Virginia Republican Attorney General Ken Cuccinelli, struck down a provision in the health care act requiring people to carry a minimum amount of health care coverage whether they choose to or not. Without the provision and the revenue it would generate, the rest of the plan would collapse.

Texas Attorney General Greg Abbott, who was among the first to sign on to the legal challenge to the health care act, said, “There are limits to congressional power, and Congress has overstepped its limits here by forcing Americans to purchase health insurance, even against their will. No public policy goal, no matter how important or well-intentioned, can be allowed to trample the protections and rights guaranteed by our Constitution.”


Be the first to comment - What do you think?  Posted by Joseph Earnest - December 14, 2010 at 11:20 pm

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