From David Wheland, Forbes Magazine at 3:03pm, 1/31/2011
http://blogs.forbes.com/davidwhelan/201 ... itutional/
Looks like it might go to SCOTUS in 2012
It would be nice if this were but the first of many rulings against unconstitutional Federal actions. I'd love to see this set the Congressional Dems back on their heels and make them forget about all of the gun control proposals..
Federal Healthcare Mandate declared unstitituional
Moderators: carlson1, Charles L. Cotton
Federal Healthcare Mandate declared unstitituional
6/23-8/13/10 -51 days to plastic
Dum Spiro, Spero
Dum Spiro, Spero
Re: Federal Healthcare Mandate declared unstitituional
The big question is whether they have the stones to rule on it before the 2012 election.
When in doubt
Vote them out!
Vote them out!
Re: Federal Healthcare Mandate declared unstitituional
I don't think that's it's a case of having the 'stones'. There is a definite process that this kind of thing moves through and the next step is not the SCOTUS, but Appellate court. It will have to be appealed to an Appellate court and after that, decided if SCOTUS is willing to hear it. In order for that to happen, it has to be shown that there is an actual injured party and not a theoretical one.
I was listening to a professor of constitutional law talk about this yesterday and he said that the fastest this could get through the Supreme Court is two years form now.
I was listening to a professor of constitutional law talk about this yesterday and he said that the fastest this could get through the Supreme Court is two years form now.
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Re: Federal Healthcare Mandate declared unstitituional
I would hope the Congress can come to a compromise and fix some of the problems with the health insurance practices. I do not see much wrong with the Health Care in the U.S.; my doctors and the care they provide are great! The problems are with getting insurance for most.
Based on some SCOTUS rulings, I am not sure what the outcome may be. The outcome could cause Congress to up our taxes and reduce the age of Medicare to 1 day old.
Remember this case, that went beyond all conventional reasoning:
Kelo v. City of New London
This property is still sitting vacant today.
How about ruling that Congress could regulate illegal commerce:
Gonzales v. Raich
Funny it took a Constitutional Amendment to outlaw alcohol (it was legal prior to ratification of the 18th Amendment) but marijuana which was legal when the 18th Amendment was ratified was outlawed by 'law'. (No, I am not advocating using marijuana, just trying make a comparison.)
Or maybe, they could correct the injustice that started us down the path:
Wickard v. Filburn
Then again, what do I know?
----Rant Off----
Based on some SCOTUS rulings, I am not sure what the outcome may be. The outcome could cause Congress to up our taxes and reduce the age of Medicare to 1 day old.
Remember this case, that went beyond all conventional reasoning:
Kelo v. City of New London
This property is still sitting vacant today.
How about ruling that Congress could regulate illegal commerce:
Gonzales v. Raich
Funny it took a Constitutional Amendment to outlaw alcohol (it was legal prior to ratification of the 18th Amendment) but marijuana which was legal when the 18th Amendment was ratified was outlawed by 'law'. (No, I am not advocating using marijuana, just trying make a comparison.)
Or maybe, they could correct the injustice that started us down the path:
Wickard v. Filburn
Then again, what do I know?
----Rant Off----
No State shall convert a liberty into a privilege, license it, and charge a fee therefor. -- Murdock v. Pennsylvania
If the State converts a right into a privilege, the citizen can ignore the license and fee and engage in the right with impunity. -- Shuttleworth v. City of Birmingham
If the State converts a right into a privilege, the citizen can ignore the license and fee and engage in the right with impunity. -- Shuttleworth v. City of Birmingham
Re: Federal Healthcare Mandate declared unstitituional
One can only hope but I wouldn't hold my breath.i8godzilla wrote: Or maybe, they could correct the injustice that started us down the path:
Wickard v. Filburn
“I’m all in favor of keeping dangerous weapons out of the hands of fools. Let’s start with typewriters.” - Frank Lloyd Wright
"Both oligarch and tyrant mistrust the people, and therefore deprive them of arms" - Aristotle
"Both oligarch and tyrant mistrust the people, and therefore deprive them of arms" - Aristotle