Patterico's Pontifications

10/15/2010

Judge Refuses to Dismiss Two Counts in Obamacare Suit

Filed under: Civil Liberties,Constitutional Law,Court Decisions,Obama — Aaron Worthing @ 11:54 am

[Guest post by Aaron Worthing]

Of course another suit in Michigan resulted in this law being upheld, so we are getting a split in the circuits.  I will say honestly I have not even read the whole decision yet, but I will and if I have any special insight, I will share it.  For now, I just want to make it easier for you to find the decision, if you are inclined to read it.

[Posted and authored by Aaron Worthing.]

One Response to “Judge Refuses to Dismiss Two Counts in Obamacare Suit”

  1. The key part of the ruling by the Florida judge was that the penalty instituted on consumers who choose not to participate in the unconstitutional mandate that forces commerce where no commerce exists (thus violating the Commerce Clause), was said to appear to be just that — unconstitutional.

    The “Alice in Wonderland” excuse that the Obama administration and his abettors in Congress proffered was that what they really meant to say was that the penalty was actually a “tax” — or in essence “oops, my bad”.

    The judge rightfully didn’t buy this hogwash and said the bill had to be adjudicated on its face and the mandated penalty is just that — a penalty not a tax and that specter posed severe constitutional problems.

    This will obviously end up with SCOTUS, hopefully fast-tracked. We know where Elena “Barack is my hero” Kagan stands on this, but she may be required to recuse herself. That will leave the vote presumably at 5-3 or, worse case, 4-4.

    So, in short, although the news was certainly encouraging, we’re not over the hump yet with this piece of odorous, destructive legislation.

    NEW POST: COMMUNIST CHINESE LEADERS MAKE A BOLD CALL FOR FREE SPEECH. MEANWHILE, OBAMA FIGHTS FOR CENSORSHIP.
    http://heir2freedom.blogspot.com/2010/10/communist-chinese-leaders-make-bold.html

    heir2freedom (d9456e)


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