Monday, January 31, 2011

The judge threw out the whole damn thing! (UPDATE)

This is the judgment we’ve been waiting for! Siding with 26 States, this Reagan-appointed federal judge has ruled today that the ENTIRETY of the Obamacare bill is unconstitutional! This is not only an additional win, but a significant one!
“Federal Judge: Obamacare is Void” posted at The Foundry
http://blog.heritage.org/2011/01/31/federal-judge-obamacare-is-void/
There’s no doubt that this fight is heading to the Supreme Court; but even before that, today’s ruling is a take-it-back-to-the-drawing-table ruling, a ‘cease and desist’ order if you will.


Professor William Jacobson takes us through the details of Judge Vinson’s ruling:
"Federal Judge Rules Against Obamacare, Injunction Denied As Unnecessary Since Entire Law Is Unconstitutional" by William A. Jacobson
http://legalinsurrection.blogspot.com/2011/01/florida-judge-rules-against-obamacare.html


So now the question is will this administration comply or defy? From this account, they sound pretty defiant.
“White House Fires Back at Ruling Declaring Obama's Health Care Law Unconstitutional, Calls Decision "Judicial Activism"” by Brian Montopoli
http://www.cbsnews.com/8301-503544_162-20030146-503544.html


Levin suggests seeking contempt if they defy this court order. I say, “Right on, Mark!”


UPDATE:  Rush explains that the illusion of revenue for the CBO to score the bill required the individual mandate in the legislation (the illusion of 'savings'), which disallowed the use of severability.  Because such a provision was removed before Obamacare was made law, thus making the entirety of the bill's purpose (including the individual mandate) bound together, Judge Vinson declared the entire law VOID!
"Severability Clause Removed From Obamacare before it became law" posted at Godlike Productions via IBD
http://www.godlikeproductions.com/forum1/message1346098/pg1
Now we know the administration will seek an appeal...but at this moment, per this federal judges ruling (which liberals readily hold in the highest regards), Obamacare has been struck down, unconstitutional, VOID.

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