posted October 15, 2010 11:45 PM         

U.S. states can proceed with a lawsuit seeking to overturn President Barack Obama's landmark healthcare reform law, a Florida judge ruled Thursday.

U.S. District Judge Roger Vinson had said at a hearing last month that he would block efforts by the Justice Department to dismiss the lawsuit, led by Florida and 19 other states.

"In this order, I have not attempted to determine whether the line between constitutional and extraconstitutional government has been crossed," Vinson, of the U.S. District Court for the Northern District of Florida, wrote in his ruling.

"I am only saying that ... the plaintiffs have at least stated a plausible claim that the line has been crossed," Vinson said.

Opponents of Obama's overhaul of the $2.5 trillion U.S. healthcare system have said it violates the Constitution by imposing what they consider unlawful taxes and requiring citizens to obtain healthcare coverage, among other issues.

The suit was originally filed in March by mostly Republican state attorneys general.

The ruling allowing the case to proceed was a setback for Obama, who has made healthcare reform a cornerstone of his agenda and who is struggling to fight off a strong Republican challenge in November 2 mid-term Congressional elections.

Vinson dismissed four of six claims the states brought against the healthcare law but said he saw grounds to proceed on two counts, including one relating to the way critics say it would force huge new spending by state governments.

On the issue of the so-called "individual mandate, "the law's provision that all Americans obtain healthcare insurance, Vinson said the plaintiffs had "most definitely stated a plausible claim" for their objections.

"The power that the individual mandate seeks to harness is simply without prior precedent," he said............

posted October 16, 2010 07:21 AM         

Your view...as well as your viewpoint is restricted acoustic.

The example you attempt to put forward about auto insurance is off point and misses the mark.

Sure, you can avoid buying auto insurance. Just don't drive. How wonderful.

But acoustic, in order to avoid buying O'BomberCare insurance...in the United States, you have to cease to exist, stop breathing, assume room temperature, take a dirt nap....or leave the United States...because simply by existing, by breathing and being in the United States, O'BomberCare requires the purchase of O'BomberCare insurance.

posted October 16, 2010 01:53 PM         

That's the best argument you have for keeping O'BomberCare on the books?

Please try to focus on the issue of the federal government running health care for Americans.

The same federal government which bankrupted Social Security.

The same federal government which bankrupted Medicare.

The same federal government which can't operate the US Postal Service.

The same federal government which can't operate Amtrak.

The same federal government which couldn't run it's own congressional banks.

The same federal government which couldn't oversee Fannie Mae and Freddie Mac.

The same federal government which couldn't run it's own congressional post office.

The same federal government which couldn't run it's own congressional dining rooms.

And...this is the very same federal government you want to place in charge of running the American Health Care system.

posted October 16, 2010 04:52 PM         

Kat, I will add my 2 cents and say I do not receive Medicare nor do have health insurance. Not an easy road but it is more affordable than BC/BS and it`s companions.

------------------
What we do for ourselves dies with us. What we do for others and the world is immortal"~

posted October 16, 2010 08:00 PM         

O'BomberCare must be stopped; either by repeal or by the courts.

If the federal government can dictate what you must buy from some third party just because you're alive in America, then there's nothing at all they can't do.

posted October 16, 2010 08:19 PM         

quote:

---

O'Bomber wasn't elected to cram O'BomberCare down the throats of the American people.

---

Yep and the honeymoon is about over!

Hi jwhop !

------------------
What we do for ourselves dies with us. What we do for others and the world is immortal"~

posted October 19, 2010 11:03 PM         

October 19, 2010
Judge could rule on VA's challenge to ObamaCare by year's end
Clarice Feldman

The office of the Attorney General of Virginia is reporting that after arguments today in Richmond, it is possible that the state's challenge to the Constitutionality of Obamacare, will be decided before the end of the year:

Richmond (October 18, 2010) - A federal judge indicated he could rule on the constitutionality of the federal health care law by the end of the year, after hearing arguments today in Virginia's suit challenging the law and its individual insurance mandate. Virginia's is the first state case to be heard on the merits of its arguments. Virginia Attorney General Ken Cuccinelli is asking for an injunction against the entire health care act if Judge Henry Hudson finds that the individual mandate is unconstitutional.

The Virginia case rests on a simple premise: That the federal government's attempt to stretch the Constitution's Commerce Clause to allow it to force individuals to buy a private product - private health insurance - is unconstitutional.

"The individual insurance mandate represents an unprecedented and unconstitutional exercise of federal power because it penalizes Americans for not engaging in commerce. In other words, you can get fined for doing nothing," Cuccinelli said following the hearing.

"This case is not about health care. This case is about protecting our liberty. This case is about the states providing a check and balance to the federal government, which is exceeding the power we, the people, gave it through the Constitution," Cuccinelli continued. "If we lose this fight and the federal government is allowed to cross this line, Congress will be granted a virtually unlimited power to order you to buy anything.

"That is not rhetoric. That is reality," he said.

http://www.americanthinker.com/blog/2010/10/judge_could_rule_on_vas_challe.html