Obama Health Care Law Upheld, Fed Court Dismisses Challenge

08 Sep 2011 10:47 #1 by LadyJazzer

Obama Health Care Law Upheld, Federal Court Dismisses Challenge To Affordable Care Act

A federal appeals court has dismissed a challenge to President Barack Obama's health care reform law.

The ruling vacates a lower court's decision that the centerpiece of the Affordable Care Act requiring U.S. citizens to buy health insurance or pay a penalty starting in 2014 is unconstitutional.

The 4th circuit court of appeals did not rule on the question of whether the individual mandate is constitutional. Instead, it found that Virginia did not have sufficient standing to bring the lawsuit in the first place.



http://www.huffingtonpost.com/2011/09/0 ... 53896.html

Obama wins another round.... It ain't over... But that's another one down....

:woo hoo:

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08 Sep 2011 11:45 #2 by PrintSmith
Not sure how this is a win since it didn't address the foundational issue of whether or not the national congress has the power to legislate in such a manner.

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08 Sep 2011 11:49 #3 by LadyJazzer
Perhaps you missed this part:

Obama Health Care Law Upheld, Fed Court Dismisses Challenge

It's a win because the court upheld that the state had no standing... If Virginia had no standing, then the other states don't either...

Perhaps you also missed my comment: "It ain't over...."

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08 Sep 2011 12:30 #4 by BearMtnHIB

RICHMOND, Va. (AP) — A federal appeals court in Virginia dismissed two lawsuits Thursday that had claimed President Barack Obama's health care overhaul was unconstitutional, though it remains likely the U.S. Supreme Court will eventually decide whether the government can force individuals to buy insurance.

A three-judge panel of the 4th U.S. Circuit Court of Appeals cited technicalities in both decisions and did not rule on the constitutional issues raised by the lawsuits.

Two of the judges on the Virginia panel were appointed by Obama, the other by Bill Clinton.


This is not the end of the issue at all- it's going to the supreme court.

In fact- this did not address the issue at all.

More than 30 lawsuits have been filed across the country.


http://news.yahoo.com/federal-court-tosses-lawsuits-over-health-reform-170436463.html

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08 Sep 2011 12:37 #5 by FredHayek
Nightmare scenario: The Left is successful at getting Justice Thomas recused from the case and it winds up being a split decision. I would guess in that case, Obamacare would stand since the Supremes were unable to shoot it down. Or maybe OC would fall because the appeals court had shut it down.

Thomas Sowell: There are no solutions, just trade-offs.

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08 Sep 2011 12:42 #6 by LadyJazzer
Thomas SHOULD be recused.

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08 Sep 2011 12:54 #7 by PrintSmith

LadyJazzer wrote: Perhaps you missed this part:

Obama Health Care Law Upheld, Fed Court Dismisses Challenge

It's a win because the court upheld that the state had no standing... If Virginia had no standing, then the other states don't either...

Perhaps you also missed my comment: "It ain't over...."

Perhaps you fail to understand why Virginia had no standing according to the court. They ruled that the existence of a state law prohibiting the federal government from levying a tax wasn't a ground upon which the state could file suit against the federal government. That is quite a different thing from the other states filing suit because the federal government exceeded its constitutional authority in passing the law to begin with.

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08 Sep 2011 12:55 #8 by Kate

LadyJazzer wrote: Thomas SHOULD be recused.


Watch out - PrintSmith might try to convince you that Thomas was a founding father.

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08 Sep 2011 12:58 #9 by LadyJazzer
Yeah, I know... I worry about that... (Pssst: Thomas was NOT a "founding father"...)

Of course, starting a sentence with "perhaps you fail to understand" when I've already stated that it's "not the end" of the process is sure to win me over...

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08 Sep 2011 12:59 #10 by BearMtnHIB
What dont YOU understand LJ!!!

Sheesh!

It ain't over yet!!!

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