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Federal Healthcare Mandate declared unstitituional

Posted: Mon Jan 31, 2011 4:01 pm
by chasfm11
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..

Re: Federal Healthcare Mandate declared unstitituional

Posted: Mon Jan 31, 2011 4:16 pm
by tacticool
The big question is whether they have the stones to rule on it before the 2012 election.

Re: Federal Healthcare Mandate declared unstitituional

Posted: Tue Feb 01, 2011 2:11 pm
by whodat1
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.

Re: Federal Healthcare Mandate declared unstitituional

Posted: Tue Feb 01, 2011 2:48 pm
by i8godzilla
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----

Re: Federal Healthcare Mandate declared unstitituional

Posted: Tue Feb 01, 2011 9:52 pm
by Kythas
i8godzilla wrote: Or maybe, they could correct the injustice that started us down the path:
Wickard v. Filburn
One can only hope but I wouldn't hold my breath.