Florida Judge Vinson: "Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void"
We have a couple of Americans left in the judiciary, thank Gd.
US Judge in the state of Florida ruled that the Congress exceeded its authority. The judge in Florida issued the latest ruling on the constitutionality of President Obama’s signature health overhaul.
Utah and 25 other states sued to challenge the “individual mandate,” which requires that nearly all Americans carry health insurance or face a financial penalty. The states argued that mandate oversteps constitutional limits on federal authority.
Judge Vinson declared the law unconstitutional. His is the second such ruling. In two other cases, judges determined that the individual mandate was legal, setting up a showdown to be decided months, or years, from now by the U.S. Supreme Court.
But the Florida case marks the largest attack on the sweeping Affordable Care Act meant to extend health coverage to America’s uninsured.
“This litigation is important, and not just because it deals with health care,” said Swallow. “In essence, what we’re saying is Congress broke the rules by forcing Americans to buy a product they don’t want to buy.” (here)




Now...if we can get the same treatment of this "mandatory car insurance" BS then all will be well!!!
Posted by: EGW68 | Monday, January 31, 2011 at 03:07 PM
Hallelujah!
Posted by: Zilla | Monday, January 31, 2011 at 03:09 PM
Car insurance isn't mandatory, if you don't drive your own car on public roads, you don't need it. You CAN opt out 9by not driving, DUH). Unlike Obamacare where all you have to do is be ALIVE AND an AMERICAN in order to be forced into with no opting out unless you are a crony of the administration.
Posted by: Zilla | Monday, January 31, 2011 at 03:11 PM
And when that day of reckoning arrives, Kagen and Sotomeyor must recuse themselves. As we all know, the only reason they were appointed was to prop up this anti-American regime! G-d only knows why the Republicans allowed these two enablers to be confirmed.
Posted by: Dagny Taggart | Monday, January 31, 2011 at 03:19 PM
Because many Republicans are cowards who need to be primaried out the next time elections come up for them.
Posted by: Zilla | Monday, January 31, 2011 at 03:42 PM
This is such awesome news! This just goes to show how an election can turn things around for a country. Now we just need to vote out the person that started it all OBAMA. Jill at Hydroxatone.
Posted by: Jill | Monday, January 31, 2011 at 05:30 PM
Things are looking up, the US is still alive and recovering, expect a lot more decisions like this on Obama's programs.
Posted by: Richard 2 | Monday, January 31, 2011 at 07:38 PM
Thank you Judge Vinson. It's good to know that God still loves us. (Thank You God!!)
Posted by: Isabellathecrusader | Monday, January 31, 2011 at 08:48 PM
This is a first! An interview with President Obama and Senator Obama about the individual mandate.
http://strongasanoxandnearlyassmart.blogspot.com/2011/01/interview-with-president-obama-and.html
Posted by: Major Mike | Monday, January 31, 2011 at 09:49 PM
Guess the death panels will wait!
Posted by: Mac-101 | Monday, January 31, 2011 at 11:21 PM
and don't forget that the 12-18 MILLION illegal aliens will continue to get their FREE health care - cuz uh... well, you know, they DESERVE BETTER than legal citizens..
..and why is it that the ONE TRILLION dollars in services (free healthcare, free school, instate tuition for college, et Fn cetera) STOLEN by the illegals in the last 12-14 years doesn't bother the lying Aholes AT ALL - while they're screaming about bush's illegal war costing on trillion dollars -- (if we JUST coulda got all that into the classroom)
oh yeah, don't forget about "family reunification" - that means, when EVERY ONE of those cheesylilfockers get their demo-bummer approved AMNESTY, they get to bring in FIVE MORE frikkin family members
"YA THINK THEY'D BE THANKIN'ME"
Posted by: GO | Monday, January 31, 2011 at 11:36 PM
What is the deal with car insurance? It is not the same. If you don't have health insurance who cares, the only one who should care is you. When you are using a car you involve others so you must be able to take care of them. Your personal health insurance is up to you, you have to pay the bills, why should anyone have to pay for you? In the old days if you didn't have a lot of money you went to county run hospitals, you got a bill and you paid a monthly installments until it was paid, the same with DR's. People think that others should pay for them, it's your resposibility! In the olden days if you could not take care of yourself you went to Church Hospitals and got great help..ie..like in India with the Catholic Sisters. This theme of others should take care of you is from the people who think government should be in charge. We should have health care for the Elderly who have worked and who's paid into a system that is fair,you know, not going to the Dr because you are lonely, but not for people who just want a free ride, you can pay for them ,Not me, give me liberty to do what I want ,to live my life the way I want and if I am not rich and can't afford the best, then give me a soft place to lie down to take my last breath! I don't know but our founders didn't have health insurance and they lived pretty great lives and lived long! In the end we all DIE with or without insurance go figure!
Posted by: ann | Tuesday, February 01, 2011 at 12:06 AM
On this issue, thank heavens we've got a judge that has more than half a brain cell firing.
Posted by: Cate | Tuesday, February 01, 2011 at 01:41 AM
Here it is:
http://www.flnd.uscourts.gov/announcements/documents/10cv91doc150.pdf
Posted by: BethesdaDog | Tuesday, February 01, 2011 at 02:47 AM
I loved the way he used Obama's own words against him... REFUTE THAT! LOL
For 1/5000th the cost of Embalmacare Obamacrypt we could just outright pay for the insurance for every low income AMERICAN (not the illegals...why are they here again?)
Posted by: tfb | Tuesday, February 01, 2011 at 04:25 AM
My question is why he didn't put an injunction in place? The mandate hasn't started yet, but other portions of the law are in place already. The states still have to work towards getting the pools in place if there is no injunction. We are still paying the taxes are we not
Posted by: Trains O Scale | Tuesday, February 01, 2011 at 06:36 AM
Great, except the havoc of obamacare is already being wreaked. Health insurance companies are already going out of buisiness because they cannot comply with the 85% payout rule. Which was part of the grand design. Guardian Healthcare has declared it will cease to exist, and so my small campany, with fewer than 200 employees, has to find new healthcare. Ocare is unconstitutional, but won't be found so by SCOTUS for another year. How much damage will be done by then?
Posted by: fabricius | Tuesday, February 01, 2011 at 07:24 AM
"What is human?" GOD's paradigm answer...
Keven J. Hasson, President of the Becket Fund, recently stated, "...the American and Soviet systems...offered differing visions of freedom and human nature." The missing element in every human 'solution' is an accurate definition of the creature.
In the Bible, God's Word has accurately defined the human being as 'the earth creature endowed with the ability to choose.' His natural Rights, therefore, are merely an extension and application of natural human endowments, which all humans - everywhere in the world - possess. Even as goldfish, canaries, and puppy dogs require an environment based on their natural features, so humans require external freedom to fulfill their natural internal abilities of choice, selection, election, and consent. Uniquely, America was founded on this definitive paradigm in human nature. All nations should reject foundational human opinion that teaches otherwise.
Further, God's gift of criteria for choosing between alternatives supplies us with superior standards for successful visionary choice-making. Humans cannot invent (or replace) criteria greater than self, ACLU to the contrary.
Defining 'human' accurately is the first step in establishing accurate and successful environments, institutions, and creative relationships for earth's Choicemaker. Middle East governments, and all leaders, would do well to pay attention: nature and nature's Creator speak with an authoritative voice. Psalms 25:12 119:30, 173 Joel 3:14 Selah
No one is smarter than their criteria.
Jim Baxter Sgt. USMC WWII & Korean War semper fidelis http://www.choicemaker.net/
Posted by: Jim Baxter | Tuesday, February 01, 2011 at 09:04 AM
The Human Paradigm: Earth's Choicemaker Psalm 25:12
CONTEMPORARY COMMENTS
"I should think that if there is one thing that man has learned about
himself it is that he is a creature of choice." Richard M. Weaver
"Man is a being capable of subduing his emotions and impulses; he can
rationalize his behavior. He arranges his wishes into a scale, he chooses;
in short, he acts. What distinguishes man from beasts is precisely that he
adjusts his behavior deliberately." Ludwig von Mises
"To make any sense of the idea of morality, it must be presumed that the
human being is responsible for his actions and responsibility cannot be
understood apart from the presumption of freedom of choice." John
Chamberlain
"The advocate of liberty believes that it is complementary of the orderly
laws of cause and effect, of probability and of chance, of which man is not
completely informed. It is complementary of them because it rests in part
upon the faith that each individual is endowed by his Creator with the power
of individual choice." Wendell J. Brown
"These examples demonstrate a basic truth -- that human dignity is embodied
in the free choice of individuals." Condoleeza Rice
"Our Founding Fathers believed that we live in an ordered universe. They
believed themselves to be a part of the universal order of things. Stated
another way, they believed in God. They believed that every man must find
his own place in a world where a place has been made for him. They sought
independence for their nation but, more importantly, they sought freedom for
individuals to think and act for themselves. They established a republic
dedicated to one purpose above all others - the preservation of individual
liberty..." Ralph W. Husted
"We have the gift of an inner liberty so far-reaching that we can choose
either to accept or reject the God who gave it to us, and it would seem to
follow that the Author of a liberty so radical wills that we should be
equally free in our relationships with other men. Spiritual liberty
logically demands conditions of outer and social freedom for its
completion." Edmund A. Opitz
"Above all I see an ability to choose the better from the worse that has
made possible life's progress." Charles Lindbergh
"Freedom is the Right to Choose, the Right to create for oneself the
alternatives of Choice. Without the possibility of Choice, and the exercise
of Choice, a man is not a man but a member, an instrument, a thing." Thomas
Jefferson
Posted by: Jim Baxter | Tuesday, February 01, 2011 at 09:09 AM
THE QUESTION AND THE ANSWER
Q: "What is man that You are mindful of him, and the son of man that You
visit him?" Psalm 8:4
A: "I call heaven and earth as witnesses today against you, that I have set
before you life and death, blessing and cursing; therefore choose life, that
both you and your descendants may live." Deuteronomy 30:19
Q: "Lord, what is man, that You take knowledge of him? Or the son of man,
that you are mindful of him?" Psalm 144:3
A: "And if it seems evil to you to serve the Lord, choose for yourselves
this day whom you will serve, whether the gods which your fathers served
that were on the other side of the river, or the gods of the Amorites, in
whose land you dwell. But as for me and my house, we will serve the Lord."
Joshua 24:15
Q: "What is man, that he could be pure? And he who is born of a woman, that
he could be righteous?" Job 15:14
A: "Who is the man that fears the Lord? Him shall He teach in the way he
chooses." Psalm 25:12
Q: "What is man, that You should magnify him, that You should set Your heart
on him?" Job 7:17
A: "Do not envy the oppressor and choose none of his ways." Proverbs 3:31
Q: "What is man that You are mindful of him, or the son of man that You take
care of him?" Hebrews 2:6
A: "I have chosen the way of truth; your judgments I have laid before me."
Psalm 119:30 "Let Your hand become my help, for I have chosen Your
precepts."Psalm 119:173
References:
Genesis 3:3,6 Deuteronomy 11:26-28; 30:19 Job 5:23 Isaiah 7:14-15; 13:12;
61:1 Amos 7:8 Joel 3:14 Ecclesiastes 3:1-8 Psalms 25:12 119:1-176
DEDICATION
Sir Isaac Newton
The greatest scientist in human history, a Bible-Believing Christian, an
authority on the Bible's Book of Daniel, committed to individual value and
individual liberty
http://www.choicemaker.net
jfbaxter@choicemaker.net
"No one is smarter than their criteria." selah jfb
Posted by: Jim Baxter | Tuesday, February 01, 2011 at 09:11 AM
INDIVIDUAL VALUE or Collective non-value - Gift of Y'shua JESUS
The Old World method of measuring human value was,
and still is, by the group. Whether tribe, clan,
city-state, color, ethnic, or gender, the Old
World, ancient and modern, measures by the plural
unit. Individuals had and have no value of them-
selves but only as they were and are part of a
collective.
When Y'shua Jesus died on the cross, the veil of
the Temple at the Holy of Holies parted from the
top down. The individual believer in the congrega-
tion had, for the first time, a face-to-face, one-
on-one relation with his Creator. The Creator,
Himself, had validated each individual for the
first time.Thus, the Individual became the corner-
stone for later human value measuring systems:
socio-political, philosophical, religious, educa-
tional, economic, etc., henceforth and forever.
Western Civilization, America, English Law, civil
Rights, the 'democratic' process, etc., all sprang
from that single event. (Greco-Roman 'democracies'
were 95% slave throughout their entire histories.)
Biblical principles are still today the foundation
under Western Civilization and the American way of
life.
Many social systems attempt to borrow ideas of
"democracy" without the basic premise in The Indi-
vidual. Such a system is only superficially and
temporarily 'democratic.' The cornerstone of the
democratic process is The Individual and the
cornerstone of the value of The Individual is
Y'shua Jesus! It is not possible to have one with-
out the other. There is only One Source - there is
no other.
It is additionally interesting to note that all
value measuring systems are based on the single
definitive unit of the system. Ex: Number, Time,
Distance, Weight, Heat, Money, Angle, Volume, etc.
Only humanism makes the abusive error of measuring
human value by the plural unit and attempts to
build social structures, relations, and institu-
tions thereon. Such man-made systems can only be
abusive and oppressive because in reality there
are only individual persons. Groups or collectives
are merely convenient verbalizations about indi-
viduals. They are not reality.
I have yet to see a 'group.' All I have ever seen
are individuals.Have you ever seen a group - or is
it a verbal convenience? Reality is only in the
individual person. And, such a validation never
derived from a human source without the initiative
of the Creator. (The French Rationalists of the
18th Century favored the fruit - but rejected the
branch, tree, and root.)
Today, wherever Y'shua Jesus is rejected, the
group or collective is still the basic way of
measuring human value - or human non-value.
We thank the Lord God for revealing His validation
of each individual person. We thank Him for creat-
ing each person uniquely, in His image, and call-
ing each one to a courageous ascension by Y'shua
Jesus, who said, "I AM the Way..."
Praise the God of Abraham, Isaac, and Jacob, and
His Son of Man, Y'shua Jesus.
Reference: Exodus 25:30,40 Hebrews 9 Matthew 27:51
Mark 15:38 Luke 23:45 KJV
Jim Baxter
Teacher, 5th Grade - 30 wonderful years!
vincit veritas
pointman/follower of The LION of JUDAH
Posted by: Jim Baxter | Tuesday, February 01, 2011 at 09:30 AM
“In essence, what we’re saying is Congress broke the rules by forcing Americans to buy a product they don’t want to buy.”
To be specific, it was the Democratic members of Congress that broke the rules, not the GOP, on this one. Remember the Locked Door sessions, where no Republicans were allowed in? Remember, the one joke of a bi-particen meeting where, when McCain tried to make a suggestion, Obama said, "Hey John, I Won"? Remember when the Skank, Pelosi, said, "you can find out what is in it after it is passed"? Yep, the Legion of Demons are the Dirty Dogs on this one!
Posted by: billwhit1357 | Tuesday, February 01, 2011 at 10:33 AM
I'll bet they ignore the judge's ruling, just like they ignored the judge's ruling with respect to offshore drilling in the Gulf.
Posted by: Person of the Book | Tuesday, February 01, 2011 at 11:00 AM
The law has already caused my premiums to rise dramatically, because of what I now have to subsidize. It's diabolical when the government makes something more expensive at the same time as it requires you to buy it.
I'm wondering if those premiums will ever drop back to a manageable pre-ObamaCare level.
Posted by: Radegunda | Tuesday, February 01, 2011 at 04:59 PM
You're right, they are ignoring it. Imagine what would happen if a Republican administration defied a court order!
When a leftist judge rules against the expressed will of the people, or in favor of expanding the government's power over us, the Dems all say the judge's pronouncement is holy writ.
When a judge rules in agreement with the will of the people, and in accordance with constitutional limits on governmental power, the Dems are outraged and cry "judicial overreach!"
Go figure.
Posted by: Radegunda | Tuesday, February 01, 2011 at 05:04 PM
this thing is going to "get built" just the brooklyn mosque is gonna keep getting built - like the few thousand honest people of chicago who want to vote for a legal, constitutional candidate are gonna keep getting bilked
Can't wait for the o-hole to inform us that no one is above the law
Not Krahmmy. Not muzzies. Not his administration.
unless, of course, you're a demmy, a muzzie, or illegal.
Posted by: what about this | Tuesday, February 01, 2011 at 11:28 PM