Pennsylvania Judge Strikes Down Insurance-Buying Mandate in Obamacare
Posted by Jim Hoft on Tuesday, September 13, 2011, 11:50 AM
U.S. District Judge Christopher C. Conner struck down the insurance-buying mandate in Obamacare today.
Bloomberg reported:
The insurance-buying mandate in President Barack Obama’s health-care reform legislation is unconstitutional, a federal judge in Pennsylvania ruled.
U.S. District Judge Christopher C. Conner in Harrisburg today said Congress exceeded its powers under the federal constitution when it included in the act Obama signed into law last year a provision requiring almost all Americans to have medical insurance starting in 2014.
“The federal government,” Conner said, “is one of limited enumerated powers, and Congress’s efforts to remedy the ailing health care and health insurance markets must fit squarely within the boundaries of those powers.”
Three federal appeals courts have weighed in on the issue since June 29. A Cincinnati panel backed the provision, 2-1, while one in Atlanta voted it down by the same margin. The U.S. appeals court in Richmond on Sept. 8 rejected two separate challenges on jurisdictional grounds.
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Published May 22, 2012 at 5:04 am - 80 Comments
More Liberty commented:
The federal governments powers are limited, if you follow the US Constitution. The judge made a good call here.
But while real conservatives might applaud this, we all need to recognize that the federal government is limited – just check the 10th Amendment.
So when liberal or neocons want to pass legislation the violates this limited power we need to call them on it.
Sam Stone commented:
Just send this damn thing to the SCOTUS and be done with it!
luckyone commented:
The Judge was appointed by GWB. Elections have consequences!
Robert commented:
The legal concept of precedence should be struck down in instances where it conflicts with constitutionalism.
JoyO commented:
Great! We must keep talking everyday about all of the negative impacts associated with Obamacare, the higher taxes, higher health insurance costs, and lower quality of health care. And, we must keep talking about Obamacare’s Death Panel. I am a senior citizen and, for the life of me, I cannot see how seniors can be influenced by such political ads by the Dems about “pushing Grandma off the cliff” when the Democrats cut Medicare by $500 billion and raised taxes by $500 billion to make Obamacare fit within its $1 trillion price tag! The Democrats have already pushed Grandma and Grandpa off the cliff!
MamaGrizzly commented:
Our wunnnerful CIC in action:
http://www.americanthinker.com/blog/2011/09/what_is_michelle_obama_saying_during_the_911_flag_ceremony.html
Beverly commented:
Why am I not surprised that this judge was appointed by GW.
Jerry commented:
When Obamacare goes to the Supreme Court will its fate be decided by Justice Kennedy? He is the one swing vote in the four to four lineup. It doesn’t seem fair that one person should decide Obamacare.
Finncrisp commented:
One person passed Obama care. Liberman allowed the bill to get to the senate floor.
lol commented:
this will never get to the scotus because he is not getting reelected. the next president has to repeal this monster.
wodiej commented:
Every state needs to do the same.
luagha commented:
Did they bring up the severability issue?
jony101 commented:
I don’t do jury duty because it’s a ‘forced” civic duty, I don’t do anything by force, and definitely not going to “buy” no health insurance because of threats. I have health insurance now on my own free will but under threats I might get rid of it.
My only civic duty was to pay taxes and served in the military (and stay off the public dole), thats all the government will get out of me.
The little people can do as the government tells you to do, I will do what is right for me.
Forcing people to buy anything is something communist might do.
I suspect this judge will be overruled, obamas 2 “ladies” he appointed to the supreme count , we know how they go. literally and figuratively.
tpartynitwit commented:
Victory!! Now if we can just get rid of the auto insurance mandate, and mandatory flood insurance, we’ll be getting somewhere. Like our glorious death panel yelled in beautiful Florida last night, “Let ‘em die!!” I’m sick of gummint on our backs!!