He's not "making his own law", just denying the government the ability to.....
trzaska2000 Send a noteboard - 13/12/2010 08:06:48 PM
.....mandate everyone buy HC. Pretty logical decision by the judge:
In a 42-page opinion issued in Richmond, Va., Judge Hudson wrote that the law’s central requirement that most Americans obtain health insurance exceeds the regulatory authority granted to Congress under the Commerce Clause of the Constitution. The insurance mandate is central to the law’s mission of covering more than 30 million uninsured because insurers argue that only by requiring healthy people to have policies can they afford to treat those with expensive chronic conditions.
The judge wrote that his survey of case law “yielded no reported decisions from any federal appellate courts extending the Commerce Clause or General Welfare Clause to encompass regulation of a person’s decision not to purchase a product, not withstanding its effect on interstate commerce or role in a global regulatory scheme.”
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Essentially, how could you claim the Commerce Clause gives you power to mandate the purchase of a product if an individual decided not to engage in any commerce whatsoever (i.e., doesn't want to buy the product)?
In a 42-page opinion issued in Richmond, Va., Judge Hudson wrote that the law’s central requirement that most Americans obtain health insurance exceeds the regulatory authority granted to Congress under the Commerce Clause of the Constitution. The insurance mandate is central to the law’s mission of covering more than 30 million uninsured because insurers argue that only by requiring healthy people to have policies can they afford to treat those with expensive chronic conditions.
The judge wrote that his survey of case law “yielded no reported decisions from any federal appellate courts extending the Commerce Clause or General Welfare Clause to encompass regulation of a person’s decision not to purchase a product, not withstanding its effect on interstate commerce or role in a global regulatory scheme.”
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Essentially, how could you claim the Commerce Clause gives you power to mandate the purchase of a product if an individual decided not to engage in any commerce whatsoever (i.e., doesn't want to buy the product)?
*MySmiley*
Federal judge in Va. strikes down health care law -
13/12/2010 05:21:37 PM
- 958 Views
*yawn*
13/12/2010 05:46:58 PM
- 623 Views
Another step closer to SCOTUS.....and that will be 5-4 decision in favor of repeal! *NM*
13/12/2010 05:55:54 PM
- 241 Views
So riddle me this...
13/12/2010 07:23:14 PM
- 640 Views
He's not "making his own law", just denying the government the ability to.....
13/12/2010 08:06:48 PM
- 572 Views
That wasn't my question.
13/12/2010 09:10:39 PM
- 679 Views
I get what you're saying...
13/12/2010 11:30:13 PM
- 666 Views
Agreed; when do I get a refund for my share of the B2 bomber?
14/12/2010 04:40:25 AM
- 607 Views
But see...you are using the B2 bomber.
14/12/2010 03:59:27 PM
- 564 Views
Much as you are using the healthcare system.
14/12/2010 05:55:40 PM
- 645 Views
*nods*
14/12/2010 06:09:42 PM
- 636 Views
Again we're back to whether individuals deign to tolerate majority rule.
14/12/2010 07:27:22 PM
- 743 Views
It's judicial review
14/12/2010 02:47:43 PM
- 625 Views
I really don't understand why people defend the forced purchase aspect
13/12/2010 08:22:03 PM
- 637 Views
This analogy no doubt has its flaws too, but I was just reminded of it...
13/12/2010 08:52:31 PM
- 649 Views
Forced insurance purchase would indeed be terribly unconstitutional.
14/12/2010 04:26:27 AM
- 573 Views
there is a major problem with this..
14/12/2010 01:29:41 AM
- 616 Views
Bad analogy.....
14/12/2010 02:57:28 AM
- 574 Views
Re: Bad analogy.....
14/12/2010 03:23:31 AM
- 597 Views
Not everyone uses the HC system and many can pay for it without insurance.....
14/12/2010 03:42:26 AM
- 564 Views
Re: Not everyone uses the HC system and many can pay for it without insurance.....
14/12/2010 04:53:39 AM
- 589 Views
Just to note....
14/12/2010 06:11:57 PM
- 583 Views
yeah, but the courts exist to strike down dumb legislation, which is what this ruling does
14/12/2010 03:17:04 AM
- 526 Views
No, the courts exist to interpret legislation, and the SCOTUS to strike down illegal legislation.
14/12/2010 04:36:59 AM
- 555 Views
I'll excerpt some relevant passages, but the full article is in the link.
14/12/2010 02:10:48 PM
- 712 Views
He partially owns the lobby aiming to make it unconstitutional, which the plaintiff was a client of *NM*
14/12/2010 05:35:21 PM
- 306 Views