Judge dismisses challenge to Obama care

Discussion in 'Politics & Religion' started by Range Rover, Dec 1, 2010.

  1. http://news.yahoo.com/s/ap/20101201/ap_on_re_us/us_obama_health_care_lawsuit

    RICHMOND, Va. – A federal judge on Tuesday dismissed Liberty University's lawsuit challenging the Obama administration's new federal health care law, declaring that a provision requiring most individuals to obtain insurance is constitutional.

    The ruling by U.S. District Judge Norman K. Moon in Lynchburg is the second court decision upholding the law, following one in Michigan in October. University law school dean Mathew Staver said in a telephone interview that he will promptly appeal the ruling to the 4th U.S. Circuit Court of Appeals in Richmond.

    Attorneys general from several states have filed another lawsuit in Florida, and a separate challenge by Virginia Attorney General Kenneth Cuccinelli is pending in federal court in Richmond.
    Both sides expect the issue to ultimately be decided by the U.S. Supreme Court.

    "In the weeks ahead, there will be additional court cases examining this matter and the health reform law," Stephanie Cutter, assistant to the president for special projects, wrote in a White House blog post. "We can't predict the outcome of each case, but we are confident that we will ultimately prevail in court and continue to deliver the benefits of reform to the American people."

    U.S. District Judge Henry E. Hudson has said he expects to rule in Cuccinelli's lawsuit by the end of the year.

    Liberty claimed in its suit that the requirement that individuals buy health insurance or pay a penalty is not a proper exercise of congressional authority under the Constitution's Commerce Clause. The university argued that a decision not to buy insurance is not economic activity that can be regulated by Congress.

    Moon disagreed, writing in his 53-page opinion that "there is a rational basis for Congress to conclude that individuals' decisions about how and when to pay for health care are activities that in the aggregate substantially affect the interstate health care market."

    Staver said he was not discouraged.

    "The court's ruling on the Commerce Clause, while wrong, puts us on the fast track to the federal court of appeals," he said.
    The conservative Christian university founded by the Rev. Jerry Falwell also claimed the law violates its religious rights by forcing it to subsidize coverage for abortions, but again the judge disagreed.
     
  2. On healthcare -Obama 2, challengers 0

    On birther cases-Obama's won them all

    I found it funny all the birthers who were saying that the Supreme Court would find Obama constitutionally ineligible to be President


    I find it funny many Republicans think Obamacare will be found unconstitutional


    Just a reminder to all the keyboard attorneys who made those predictions...Obama was a constitutional law professor LOL :D
     
  3. Obama is a constitutional law professor unlike boilerplate lawyers in Congress. This will be a tough court case.
     
  4. Wallet

    Wallet

    If it's not taken down in the courts it will be repealed by the new congress, if there's not enough votes this Congress, all those who vote to keep it will be removed from office in 2012 and repealed then by the new Republican President.

    It's just a matter of time, the Socialist tide has turned.
     
  5. Arnie

    Arnie

    "there is a rational basis for Congress to conclude that individuals' decisions about how and when to pay for _________ are activities that in the aggregate substantially affect the interstate ________ market."

    Im trying to think of something that sentence would not cover. And you think this is a good thing.
     
  6. I think it won't be repealed, but will be changed if we get GOP president in 2012 and both chambers go GOP as well.

    Whether the changes will be for better or worse, who knows.

    It all now depends on what happens to economy.
     
  7. I don't think the courts will take it down.Congress certainly can and its likely the democrats will lose the Senate in 2012 with all the seats they have to defend but Obama will be re elected in 2012 imo. Republicans might control congress but not by a veto proof majority.With the presidency on the line and Obama on the ballet democratic turn out will be much higher then the mid terms and the Dems might even keep the Senate.

    In 2014 Obamacare takes full effect and 98 % of Americans will have health care .Trying to take it away at that point will be like trying to take away SS and medicare
     
  8. That Liberty Unv. could even bring that suit should be a violation of seperation of church and state and their tax exempt status revoked.
     
  9. "Keyboard attorneys." I like that one. :D
     
  10. :D :D :D
     
    #10     Dec 1, 2010