Crush Liberalism

Liberalism: Why think when you can “feel”?

BREAKING: Federal judge in FL invalidates ALL of ObamaCare!

And not just the clearly unconstitutional individual mandate part.  It’s still fresh, but here’s the early takeaway:

Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications. At a time when there is virtually unanimous agreement that health care reform is needed in this country, it is hard to invalidate and strike down a statute titled “The Patient Protection and Affordable Care Act.”

The VA judge ruled that the individual mandate was unconstitutional, but that the rest of the law was allowed to be intact.  The FL judge disagreed, saying that because there was no severability clause, the WHOLE FRIGGIN’ LAW is unconstitutional!

By the way, the judge’s decision is here (PDF).  My favorite quote (other than the part about ALL of it being unconstitutional):

It would be a radical departure from existing case law to hold that Congress can regulate inactivity under the Commerce Clause. If it has the power to compel an otherwise passive individual into a commercial transaction with a third party merely by asserting — as was done in the Act — that compelling the actual transaction is itself “commercial and economic in nature, and substantially affects interstate commerce” [see Act § 1501(a)(1)], it is not hyperbolizing to suggest that Congress could do almost anything it wanted. It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place.

A “tea” reference, too…just to tweak the moonbats!  😆

Obviously, this isn’t the end.  It will most certainly wind up in the lap of the Supreme Court, where I strongly suspect there will be a 5-4 ruling one way or the other (depends on what side of the bed Justice Kennedy wakes up).  Either way, savor the victory for now, my friends!  🙂

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January 31, 2011 - Posted by | big government, health care, judiciary

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