Showing posts with label florida judge. Show all posts
Showing posts with label florida judge. Show all posts

SHOWDOWN: Alaska Gov Sean Parnell REFUSES to Enact ObamaCare...


The State of Alaska -one of 26 states signed-on as Plaintiff in the Florida federal case- has decided not to implement ObamaCare in any way after that judge struck down the entire stealth HC nationalization as unconstitutional...

Alaska Governor Sean Parnell said he won't implement the federal health-care overhaul after a judge in Florida struck down the law as unconstitutional.
It's not immediately clear what practical impact the unusual move would have on Alaskans, an estimated 14% of which are uninsured year-round. A major expansion of the federal law is still pending, and a legal expert and health-care consumer advocate say any refusal by the states to participate in the law is an invitation to the federal government to step in and implement it for them.
Mr. Parnell, who sought the advice of his attorney general amid concerns implementing the law would violate his oath of office, told the Juneau Chamber of Commerce the state would pursue lawful, market-based solutions to making insurance affordable and accessible to Alaskans.
He said the Florida judge's ruling is the law of the land, as it pertains to Alaska, barring implementation of the federal law here. He said the state will pursue options of its own instead.
Alaska was one of 26 states that were party to the Florida lawsuit; however, in other cases, two federal judges have upheld the law and one judge ruled a provision requiring citizens to buy health insurance or face penalties—a major point of contention in the Florida case—is unconstitutional but did not strike down the rest of the law...

Writing in The Washington Times, a practicing Kansas MD -and Obama's own second cousin- Dr Milton Wolf  had advocated this very strategy for states earlier in the week:

"...the states should declare their own moratorium on implementation of Obamacare until the Supreme Court offers its ruling on the president’s health care overhaul." 

At minimum, it's nice to see somebody with some backbone like Alaska Governor Sean Parnell standing up to this heinous regime... alas, in the end
all will be resolved only by SCOTUS. But I dare any of the libs on that court to explain how the Constitution allows for mandatory purchase of a good or service- and with heavy-handed IRS enforcement, no less! There's no grey area there, please.

ObamaCare looks to be on the verge of defunding by GOP legislators as well... death by 1000 cuts as good as repeal for now, but somehow, someway... ObamaCare must be destroyed.


Florida Judge: ObamaCare UNCONSTITUTIONAL- Entire Law Voided!

Reagan appointee Roger Vinson puts the kibosh 
-at least for now- on the progressives' ultimate folly...


Forbes Magazine via Weasel Zippers: 
In a ruling out of the U.S. District Court in Pensacola Justice Roger Vinson has declared that the primary mechanism whereby the health reform achieves universal insurance coverage–the individual mandate–is unconstitutional. 

With this ruling, and a similar one in December by Judge Henry Hudson in Virgina, it’s likely that the U.S. Surpreme Court will be the final arbiter of whether ObamaCare stands. (Two other lawsuits–one in Michigan and one in Virginia–were thrown out by other federal district judges last year who disagreed with the constitutional challenge.) 

Henry Hudson, the Virginia judge who ruled in favor of that state’s legal challenge, focused on whether Congress has the ability, via the Commerce Clause, to force uninsured people to buy insurance. He concluded that it does not. 

Vinson, on the other hand, signaled in an earlier ruling that he was interested in whether the federal fine for not buying insurance is a tax or a penalty. If it’s a penalty, the legislation relies on a broad Commerce Clause interpretation. If it’s a tax, it’s much more difficult to make a constitutional claim against it.

And it gets better- he ruled the whole of ObamaCare unconstitutional... as the individual mandate is not just part and parcel of the bill, but "not severable":



TPM:
Roger Vinson, a Ronald Reagan appointee, agreed with the 26 state-government plaintiffs that Congress exceeded its authority by passing a law penalizing individuals who do not have health insurance.

“I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate,” Vinson writes. “Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.”
(Editor's note: Bwuuuuaaaaha-ha-ha-ha-ha-ha!!!)

The entire ruling posted at Weasel Zippers today -here-

What a lovely day it's been~ and 
you SCOTUS conservatives stay healthy, now...