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Agreed; when do I get a refund for my share of the B2 bomber? Joel Send a noteboard - 14/12/2010 04:40:25 AM
Federal Judge, an appointee, makes a ruling against a law set in place by democratically elected government. In the past, (DADT, Prop. 8 ) this has ALWAYS earned the Judge your ire, supposedly not concerning what they were ruling, but because of what they were doing. Being an "Activist Judge," I think is the popular right-wing term.

So you're gonna go ahead and say that Judges DO have the right to make rulings like this, so long as you agree with the ruling?


About activist judges and all that. I really do. Consider this however, in both of the examples that you brought up (DADT, Prop. 8 ) those dealt with people where there was an option to action.

If you're in the military, you can choose to or not choose to talk about your sexuality.

If you have another individual in your life, do you or don't you want to get married.

The big...the very big...difference in this case is that there is no option. The government is saying "You will buy health insurance, or you will suck huge fines". That is wrong. The government has no such authority over my life to force me to buy something.

~Jeordam

I'm guessing the answer is "never". Of course, I did have the option of not contributing; I'd be in prison, but all I had to do was not pay my illegal unconstitutional taxes. ;)

It's a crappy provision. However much you or I dislike it, however, I don't believe it's illegal.
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Federal judge in Va. strikes down health care law - trzaska2000 - 13/12/2010 05:21:37 PM 959 Views
*yawn* Macharius - 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* trzaska2000 - 13/12/2010 05:55:54 PM 241 Views
It may very well end up that way. *NM* Tom - 13/12/2010 07:09:36 PM 277 Views
So riddle me this... Dannymac - 13/12/2010 07:23:14 PM 640 Views
He's not "making his own law", just denying the government the ability to..... trzaska2000 - 13/12/2010 08:06:48 PM 572 Views
That wasn't my question. Dannymac - 13/12/2010 09:10:39 PM 679 Views
I get what you're saying... Jeordam - 13/12/2010 11:30:13 PM 667 Views
Re: I get what you're saying... rempires - 14/12/2010 01:34:13 AM 691 Views
*heh* Jeordam - 14/12/2010 04:01:35 PM 606 Views
That's not all they're saying, though. Dannymac - 14/12/2010 01:42:27 AM 565 Views
At least in my mind.... Jeordam - 14/12/2010 04:10:38 PM 571 Views
Agreed; when do I get a refund for my share of the B2 bomber? Joel - 14/12/2010 04:40:25 AM 608 Views
But see...you are using the B2 bomber. Jeordam - 14/12/2010 03:59:27 PM 564 Views
Much as you are using the healthcare system. Joel - 14/12/2010 05:55:40 PM 645 Views
*nods* Jeordam - 14/12/2010 06:09:42 PM 636 Views
Again we're back to whether individuals deign to tolerate majority rule. Joel - 14/12/2010 07:27:22 PM 743 Views
Re: So riddle me this... everynametaken - 14/12/2010 02:51:35 AM 591 Views
It's judicial review Ava - 14/12/2010 02:47:43 PM 625 Views
Re: It's judicial review Macharius - 14/12/2010 03:27:28 PM 606 Views
Re: It's judicial review Ava - 15/12/2010 05:35:17 PM 694 Views
I really don't understand why people defend the forced purchase aspect Isaac - 13/12/2010 08:22:03 PM 637 Views
This analogy no doubt has its flaws too, but I was just reminded of it... Legolas - 13/12/2010 08:52:31 PM 649 Views
That's precisely the logic, yes. Joel - 14/12/2010 04:31:44 AM 625 Views
Forced insurance purchase would indeed be terribly unconstitutional. Joel - 14/12/2010 04:26:27 AM 573 Views
This judge... Dreaded Anomaly - 13/12/2010 11:26:09 PM 654 Views
there is a major problem with this.. rempires - 14/12/2010 01:29:41 AM 616 Views
Bad analogy..... trzaska2000 - 14/12/2010 02:57:28 AM 574 Views
Re: Bad analogy..... rempires - 14/12/2010 03:23:31 AM 597 Views
Not everyone uses the HC system and many can pay for it without insurance..... trzaska2000 - 14/12/2010 03:42:26 AM 565 Views
Re: Not everyone uses the HC system and many can pay for it without insurance..... rempires - 14/12/2010 04:53:39 AM 589 Views
Just to note.... Jeordam - 14/12/2010 06:11:57 PM 583 Views
Re: Just to note.... Macharius - 14/12/2010 06:44:54 PM 572 Views
Re: Just to note.... rempires - 14/12/2010 08:32:46 PM 569 Views
yeah, but the courts exist to strike down dumb legislation, which is what this ruling does moondog - 14/12/2010 03:17:04 AM 527 Views
No, the courts exist to interpret legislation, and the SCOTUS to strike down illegal legislation. Joel - 14/12/2010 04:36:59 AM 556 Views
I'll excerpt some relevant passages, but the full article is in the link. Macharius - 14/12/2010 02:10:48 PM 712 Views
In other words there may be a painful silver lining. Joel - 14/12/2010 07:46:38 PM 532 Views
He partially owns the lobby aiming to make it unconstitutional, which the plaintiff was a client of *NM* Jragghen - 14/12/2010 05:35:21 PM 307 Views
Update: the judge's decision is basically nonsense. Dreaded Anomaly - 14/12/2010 08:04:27 PM 818 Views
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