U.S. District Judge Roger Vinson, ruled today that Obamacare is unconstitutional. Congress overstepped it's authority.
He said, "If Congress can penalize a passive individual for failing to engage in commerce…we would have a Constitution in name only."
The judge cited the Boston Tea Party and even how Romneycare left Massachusetts "worse off."
That pretty much sums it up. You can read the ruling and opinion at Legal Insurrection who says:
In this sense, this decision is far more sweeping than the Virginia case, and presents a greater problem for the Obama administration which arguably does not have authority to implement any aspect of Obamacare.
Time for celebration!























But there was a statement in one of the pieces I read: He's not going to stop the process of the law being implemented.
I'm confused over that one, to say the least.
Posted by: Steve Harkonnen | February 01, 2011 at 10:29 AM
Steve: The judge could have stopped any portion of the Obama care from going forward, but he stopped short. Hopefully there will be a quick transfer of the case to the Supreme Court and we will get a quick ruling against it.
I'm worried that between now and the Supreme Court ruling the Democrats will pass some bills that will take out the demand for purchase. This will change the lawsuit.
The Republicans need to get busy with a bill to completely reject Obamcare and repeal it in it's entirety
Posted by: Debbie | February 01, 2011 at 10:50 AM
Debbie, Steve,
He did not issue an injunction because the "unconstitutional" portion of the bill does not come into play until 2014. Injunctions are issued only when there is an imminent threat, so to speak.
As for the Democrat's passing "some bills that will take out the demand for purchase," they couldn't do that without sacrificing Obamacare as a whole and this would play into the Republicans' hands.
From what I understand, this will take 3-4 years before SCOTUS gets it. Hopefully, by then we will have a president and senate who will save the issue by repealing the bill in full.
Posted by: R.J. Godlewski | February 01, 2011 at 11:12 AM