A constitutional triumph

Federal judge renders stunningly right decision on Obamacare

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Yes, Virginia. And Florida. And some 26 other states. There is a Constitution.

A federal judge pulled the dusty document out of his file cabinet Monday and summarily ruled the federal health-care law violates our rights under the Constitution.

In particular, Judge Roger Vinson ruled that the law's provision requiring all Americans to buy health insurance is unconstitutional.

Thank goodness. As we've noted previously, if the government can force you to buy health insurance, what can't it do? It's absolutely the most frightening attempted expansion of government power in this nation's history.

The Florida case, despite involving over half the states, is only one of several dozen lawsuits challenging the massive and poorly-thought-out law. The cases will presumably make a date to meet each other on the steps of the U.S. Supreme Court at some later time.

That's the only thing that will bring closure; several judges have upheld the law, while at least two have overturned it.

We can't imagine even liberal justices on the Supreme Court siding with the health-care law. It not only seeks to give Congress the power to regulate commerce, but also the lack of it : Under the law, if you simply do nothing, you can be fined.

Congressional power defined thusly, the U.S. government would have the authority to regulate just about anything.

It's amazing that, in the land of the U.S. Constitution, our freedoms are hanging by this thin a thread.

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TheFederalist
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TheFederalist 01/31/11 - 11:59 pm
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Liberal activists always

Liberal activists always believe in the old cunard, "by any means necessary", as long as their will be done. Finally there are those who actually believe, like the founders, that the government is limited in it's powers that are indeed granted by the people. Wow. What a concept! The shame is that it took this long. Remember that two liberal judges have previously ruled that unlimited government is just ducky. Now we have two ruling against, so in fact we are merely tied. Hopefully they will fast track this to the SCOTUS, so we can at last get a final ruling and some closure on this sad chapter in our history. God help us all, if the supremes get it wrong, as we will then be well on the road to a big brother socialist state. The judge correctly surmised that if the individual mandate is upheld, then those in charge can also mandate that you buy broccoli, as it is good for you, and will prevent future medical costs.

old49er
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old49er 02/01/11 - 02:09 am
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Given the chance, Obama will

Given the chance, Obama will appoint another left-leaning, judicial activist to the US Supreme Court, as he has done with his last two opportunities. Another reason why he needs to go in 2012 before he can inflict further damage on our country. This "centrist" act he has tried to perform lately is only an act to try to win back some independent voters for the next election.

Riverman1
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Riverman1 02/01/11 - 05:53 am
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It's the paying for those who

It's the paying for those who won't buy their own insurance that bothers me most. If I'm going to help take on a major expense of another individual, I'd at least like a Christmas card or something from them now and then.

rmwhitley
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rmwhitley 02/01/11 - 07:18 am
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We, conservative Americans,
Unpublished

We, conservative Americans, must find the man most qualified to carry the Constitution in 2012. Jim DeMint? Liberal Americans have stripped and raped the Constitution so badly that they must, at least for the present, be restricted in the decision process. No more pro-choice, pro- obamacare, pelosi, or reid dictating.

Rhetor
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Rhetor 02/01/11 - 07:20 am
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Aha! At long last, the ACES

Aha! At long last, the ACES has come out in favor of activist judges who overrule the legislature's judgment. Welcome to the ranks of liberals, ACES! We're glad to have you among us. Have a great day.

southernguy08
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southernguy08 02/01/11 - 07:45 am
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Gee AC, haven't you heard?
Unpublished

Gee AC, haven't you heard? Obamacare IS constitutional, according to Dem congressman John Lewis of Georgia. He refers to the preamble of the constitution, "life, liberty, and the pursuit of happiness." No wonder our country is in such a condition, we have legislators that can't even make an accurate quote. Yeah, I'm laughing. More "change" coming in 2012. Bye, Bye Bama.

draksig
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draksig 02/01/11 - 07:56 am
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The government's argument in

The government's argument in defense of Obamacare in convoluted to say the least. One argument is that since Health care is interstate commerce, they can require us to get insurance to pay for it. That would be true if that were the only way to pay for health care but it is not. Another argument is that the government has the power to tax and Obama care imposes taxes on people if they do not buy insurance. In other words, they will tax us if we do not do as they order us to do. Today they are ordering us to buy health insurance, tomorrow they may be ordering us to buy a new car and send all cars over 10 years old to the scrap heap. That also involves interstate commerce.

effete elitist liberal
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effete elitist liberal 02/01/11 - 08:25 am
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Rhetor: you are exactly

Rhetor: you are exactly right. For some time on these pages I have pointed out that according to Mike ("So sad") Ryan and ACES, when liberal "activist" judges strike down a law passed by elected legislators, it's the destruction of democracy. When conservative activist judges do the same thing, it's a "constitutional triumph." Or to put it a bit differently, when judges strike down a law ACES likes, they're "activist"; when judges strike down a law ACES doesn't like, they're not! Pure hypocrisy.

effete elitist liberal
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effete elitist liberal 02/01/11 - 08:31 am
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Well, no, MR and ACES, not a

Well, no, MR and ACES, not a "constitutional triumph." The Florida decision was a "political" one. For those of you keeping score, it's 2-2. And gee, guess what? The two judges who have upheld the law were liberal judges appointed by Democratic presidents. The two judges who have struck health care down in whole or part are conservative judges appointed by Republican presidents. What all this really shows is how politicized our courts have become. As MR would say, "How sad."

chascush
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chascush 02/01/11 - 09:25 am
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EEL, ‘For those of you

EEL, ‘For those of you keeping score, it's 2-2. And gee, guess what? The two judges who have upheld the law were liberal judges appointed by Democratic presidents.’
Hussein will drag this out in hopes he can appoint another liberal idiot to the SC. He knows he will lose will the current court.
Way to go Judge Vinson!

effete elitist liberal
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effete elitist liberal 02/01/11 - 10:03 am
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chascush: Hey, didn't you

chascush: Hey, didn't you forget Obama is going lose to Michelle Bachman in 2012? I think your conservative majority on the SC is quite safe for a long time. Scalia is the oldest conservative justice, and he won't quite because he doesn't have a life. Thomas won't either, because he'd have to spend more time with his nutty wife. The others are young, young, young. About the only thing Obama could do is appoint a replacement for Justice Ginsburg if health issues force her off the court. And yes, Health Reform is likely to be struck down by the current conservative court, the most conservative in 80 years. That's when the real fun will begin. Wonder what those insurance company lobbyists will be saying behind the scenes to conservative law-makers when insurers have to pay the medical costs for pre-existing conditions w/o the added income from the insurance mandate? Do you know what the expression "hoist with their own petard" means? Just watch; it's about to happen to the insurance companies and their conservative boot-lickers.

nofanofobama
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nofanofobama 02/01/11 - 11:12 am
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what liberals do not

what liberals do not understand is that constitution is designed to be amended..there is a remendy for social injustices such as voting etc..but it is done through a process..when conservatives complain about an activist judge, it is a judge who found some hidden meaning in the constitution that was not directly addressed., like abortion..we as conservative hail this judge as one who sees the constitution and what is directly addressed in the constition.. if you want to expand the power of the govt ..do it thru laws that observe the constitution ..or amend the constitution as permitted..also obama own language from 2008 was qouted by the judge where obama said forcing buying is not constitional..

dani
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dani 02/01/11 - 12:21 pm
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This has nothing to do with

This has nothing to do with Obamacare but as a female I would like to know what liberals have against conservative women. Michele Bachmann will NOt be running against Obama (neither will Palin), they might be running against Thune, Mitch Daniel, Pawlenty in the primary but the person left standing will not be Bachman or Palin.

Chillen
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Chillen 02/01/11 - 12:25 pm
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What good is a Constitution

What good is a Constitution anyway, it just gets in the way of the radical, far left agenda.

southernguy08
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southernguy08 02/01/11 - 01:28 pm
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EEL, is it just possible that
Unpublished

EEL, is it just possible that this law was stuck down because it IS unconstitutional, and has nothing to do with politics? Just asking.

carcraft
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carcraft 02/01/11 - 01:30 pm
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EEL- "Wonder what those

EEL- "Wonder what those insurance company lobbyists will be saying behind the scenes to conservative law-makers when insurers have to pay the medical costs for pre-existing conditions w/o the added income from the insurance mandate?" Probably the same thing the boot lickers of Obama, you know the unions that lobbied with workers dues, to pass this abortion and are now getting thier waivers so the law won't apply to them..LOL Isn't there something about equal treatment under the law....

carcraft
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carcraft 02/01/11 - 01:42 pm
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To all the liberals that

To all the liberals that think this is constitutional under the commerce clause here is a little question.The Augusta Nationals and Masters brings millions of dollars into America each year as does the Biltmore House in North Carolina. Goods and services are brought from around the country to make these two institutions a success. Could congress under the commerce clause force citizens to give 6 days of labor per month or pay a tax to keep these institutions in good repair and functioning properly? After all it involves interstate commerce and would work the benefit of America under the general welfare clause right? Could the Goverment force you to work 1 day each week or pay a tax to fix roads and bridges? Again it would promote the general welfare and regulate interstate commerce right? If the government can't do those things I listed aboue then where is the line drawn. Doing service to the poor? Force citizens to clean streets? I can think of hundreds of things we could force citizens to do that would promote the general welfare and help regulate interstate commerce. The commerce clause was put in to prevent one state from charging tariffs or preventing the transport of goods across state lines etc. It has nothing to do with this BS!

effete elitist liberal
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effete elitist liberal 02/01/11 - 02:41 pm
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southernguy08: yes, of course

southernguy08: yes, of course it is. But then of course it is possible the two "liberal" judges who supported the law did so because it IS constitutional! Two can play that game. By the way, conservatives had no trouble when in 2005 the SC upheld Congress when it interpreted the commerce clause as enabling it to override California's marijuana law, even though the evidence showed no marijuana had ever crossed a state line. So I repeat, conservatives are all in favor of an expanded interpretation of the commerce clause when it supports a law they like, but oppose any broad commerce clause interpretation supporting a law they don't like. In other words, SG08, in the end it really IS just politics.

effete elitist liberal
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effete elitist liberal 02/01/11 - 02:46 pm
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Chillen, just a little

Chillen, just a little historical reminder. When the Founding Fathers defied the king and rebelled, setting up a republic where "the people" chose their leaders, that was a "radical, far left agenda." And aren't you glad?

justthefacts
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justthefacts 02/01/11 - 02:48 pm
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EEL, good day. You commented

EEL, good day. You commented this morning regarding preexisting conditions. If PPACA is repealed, that clause would go away as well. Correct? That would be a shame because it one of the better requirements of PPACA.

effete elitist liberal
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effete elitist liberal 02/01/11 - 03:14 pm
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justthefacts: it remains to

justthefacts: it remains to be seen if the SC strikes down the entire law or just the individual mandate. You conservatives better hope it's just the mandate, because as you note, the pre-existing clause is a terrific provision of the law and wildly popular. If it goes, conservatives will be blamed. Then just watch the Republican-held House fall all over itself to pass compensatory legislation. Then listen for the howl of the insurance companies who will then face huge new costs, but with no way to pay for them, which was the purpose of the individual mandate. Conservatives will be caught between the proverbial rock and hard place, and I can't wait for the fun to begin.

KSL
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KSL 02/01/11 - 03:22 pm
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"When the truth doesn't suit

"When the truth doesn't suit your purposes, do you just make it up?" Why not? Obama does. Need I provide a list of the untruths he has uttered?

Also, I suppose you have never, ever been misinformed about anything, eel.

justthefacts
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justthefacts 02/01/11 - 03:32 pm
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It's going to take

It's going to take compromise. It is up to President Obama to bring the Republicans to the table. Leadership. That was his problem with PPACA. That and the fact that healthcare is not the most pressing issue during this time period. He should have been totally focused on jobs and addressed HC when the economy improved. KSL, for the record, I have never seen EEL make up anything.

nofanofobama
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nofanofobama 02/01/11 - 03:44 pm
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eel- washington times

eel- washington times --article judge rules against health care law cite obamas own words***b/4 you call people names why dont you follow your own advice---

onlysane1left
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onlysane1left 02/01/11 - 03:56 pm
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I never though the idea of

I never though the idea of everyone having to pay for health care was going to fly anyway. Hopefully, that part is changed and we can move on.....

effete elitist liberal
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effete elitist liberal 02/01/11 - 04:29 pm
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nofan, as the late,

nofan, as the late, not-so-great President Reagan used to say, "There you go again!" You are right when you say the Florida judge cited Obama's own words in his decision. But you are simply wrong when you claim that those citations ever included Obama saying the individual mandate was unconstitutional, which is precisely what you claimed in your 10:12 post. Sorry, sir, you were mistaken. My "advice" is check original texts before citing them. I did that. You, sir, did not.

KSL
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KSL 02/01/11 - 04:51 pm
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justthefacts, where did I

justthefacts, where did I accuse eel of making up something? I was referring to her putting down nofanofobama, quite nastily, I would say. That was her quote to him. I didn't include all of it. I only questioned eel as to whether she has ever been misinformed. If she has never, ever been wrong about something, she indeed is the only person I know who can brag about that.

nofanofobama
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nofanofobama 02/01/11 - 05:04 pm
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EEL-by making that statement

EEL-by making that statement that he did in 2008 it is well known what obama meant and what he was referring to... since he argued with hilliary about individual mandates in the 2008 primaries because hillary health care plan included mandates ..... and i do not need your advice you ought to take it. because that was precisely the reason the judge qouted obama own words concerning an individual mandate.. ....and i was a friend of Reagan and your no Reagan.

justthefacts
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justthefacts 02/01/11 - 05:06 pm
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As I read it, it was

As I read it, it was inferred. If that is not the case, I apologize. It's bad enough I have to defend a darn liberal, but then........

chascush
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chascush 02/01/11 - 05:08 pm
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onlysane1, ‘I never though

onlysane1, ‘I never though the idea of everyone having to pay for health care was going to fly anyway.’
Most libs do not ever think of everyone having to pay for anything. They believe in somebody else paying for them.

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