Active Users:797 Time:01/02/2026 05:08:36 AM
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.”

----------------------------------

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*
Reply to message
Federal judge in Va. strikes down health care law - - 13/12/2010 05:21:37 PM 1102 Views
*yawn* - 13/12/2010 05:46:58 PM 769 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 300 Views
It may very well end up that way. *NM* - 13/12/2010 07:09:36 PM 336 Views
So riddle me this... - 13/12/2010 07:23:14 PM 755 Views
He's not "making his own law", just denying the government the ability to..... - 13/12/2010 08:06:48 PM 733 Views
That wasn't my question. - 13/12/2010 09:10:39 PM 821 Views
I get what you're saying... - 13/12/2010 11:30:13 PM 821 Views
Re: I get what you're saying... - 14/12/2010 01:34:13 AM 850 Views
*heh* - 14/12/2010 04:01:35 PM 762 Views
That's not all they're saying, though. - 14/12/2010 01:42:27 AM 716 Views
At least in my mind.... - 14/12/2010 04:10:38 PM 730 Views
Agreed; when do I get a refund for my share of the B2 bomber? - 14/12/2010 04:40:25 AM 755 Views
But see...you are using the B2 bomber. - 14/12/2010 03:59:27 PM 685 Views
Much as you are using the healthcare system. - 14/12/2010 05:55:40 PM 806 Views
*nods* - 14/12/2010 06:09:42 PM 794 Views
Re: So riddle me this... - 14/12/2010 02:51:35 AM 737 Views
It's judicial review - 14/12/2010 02:47:43 PM 777 Views
Re: It's judicial review - 14/12/2010 03:27:28 PM 761 Views
Re: It's judicial review - 15/12/2010 05:35:17 PM 877 Views
I really don't understand why people defend the forced purchase aspect - 13/12/2010 08:22:03 PM 800 Views
This analogy no doubt has its flaws too, but I was just reminded of it... - 13/12/2010 08:52:31 PM 813 Views
That's precisely the logic, yes. - 14/12/2010 04:31:44 AM 768 Views
This judge... - 13/12/2010 11:26:09 PM 808 Views
there is a major problem with this.. - 14/12/2010 01:29:41 AM 766 Views
Bad analogy..... - 14/12/2010 02:57:28 AM 724 Views
Re: Bad analogy..... - 14/12/2010 03:23:31 AM 735 Views
Not everyone uses the HC system and many can pay for it without insurance..... - 14/12/2010 03:42:26 AM 725 Views
Re: Not everyone uses the HC system and many can pay for it without insurance..... - 14/12/2010 04:53:39 AM 745 Views
Just to note.... - 14/12/2010 06:11:57 PM 731 Views
Re: Just to note.... - 14/12/2010 06:44:54 PM 727 Views
Re: Just to note.... - 14/12/2010 08:32:46 PM 729 Views
I'll excerpt some relevant passages, but the full article is in the link. - 14/12/2010 02:10:48 PM 885 Views
In other words there may be a painful silver lining. - 14/12/2010 07:46:38 PM 654 Views
Update: the judge's decision is basically nonsense. - 14/12/2010 08:04:27 PM 989 Views

Reply to Message