tag:blogger.com,1999:blog-1522121129844880066.post8401664798039559911..comments2023-10-24T11:23:31.580-04:00Comments on Le·gal In·sur·rec·tion: Virginia Judge Declares Health Care Mandate UnconstitutionalWilliam A. Jacobsonhttp://www.blogger.com/profile/16433685588536441422noreply@blogger.comBlogger18125tag:blogger.com,1999:blog-1522121129844880066.post-17670140568573204042010-12-14T10:01:21.293-05:002010-12-14T10:01:21.293-05:00Wow, that is an incredible breach of ethics, denyi...Wow, that is an incredible breach of ethics, denying public health care initiatives. Is Obama sleeping? Somebody ought to wake him up! Thank you very much for your awesome commentary!<br /><br />Sincerely,<br />The Glaring Facts<br />http://www.theglaringfacts.comSchweizSEOhttps://www.blogger.com/profile/16980529206873731616noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-31567727978759347532010-12-14T09:31:15.871-05:002010-12-14T09:31:15.871-05:00thankyou for the informationthankyou for the informationAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-83781045874023318952010-12-14T08:56:44.483-05:002010-12-14T08:56:44.483-05:00Professor if the mandate is held unconstitutional ...Professor if the mandate is held unconstitutional does Congress have the authority to destroy private health insurance? Would not the companies, the shareholders, debtors and creditors of those companies along with the employees have a Takings Clause case? Frankly the judge is too modest and refused to connect the dots. They whole thing is irretrievably tied to the mandate and none of the other parts work or can be financed without the mandate. Perhaps the FL judge will kick this rotten house of cards down completely.cubanbobhttps://www.blogger.com/profile/03746305669005611456noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-63457501718661713012010-12-14T06:18:10.161-05:002010-12-14T06:18:10.161-05:00.
Let me see if I understand.
You, your blog, ....<br /><br />Let me see if I understand. <br /><br />You, your blog, and the comment writers are:<br /><br />- for this activist judge legislating from the bench deciding to go against the will of the people (Congress).<br /><br />- for the huge international corporations making billions of dollars of profit by cheating them.<br /><br />- against regulations that protect the people.<br /><br />- against their own self personal interests.<br /><br />- against the peoples'governments of USA because all governments are bad, governments cannot do anything right, and governments are the enemy.<br /><br />Where in the world are ya'll living?<br /><br />Ema Nymton<br />~@:o?<br />.Ema Nymtonhttps://www.blogger.com/profile/01291372077565212886noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-74932702850106199832010-12-13T22:19:01.339-05:002010-12-13T22:19:01.339-05:00THANK YOU FOR POSTING! We've been all over th...THANK YOU FOR POSTING! We've been all over this on Common Cents...<br /><br />http://www.commoncts.blogspot.comcommoncentshttps://www.blogger.com/profile/14497825816313122743noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-71207739394759027092010-12-13T18:54:05.665-05:002010-12-13T18:54:05.665-05:00A. Worthing and cf,
I think there might be somethi...A. Worthing and cf,<br />I think there might be something to what cf is suggesting the insurers are doing: Several big insurers (UNH, Humana, Aetna, etc.) were up today in the market following the ruling, and the insurers that didn't see gains were only down slightly.A.G.https://www.blogger.com/profile/04715847289617725350noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-49326638788368289212010-12-13T18:24:30.544-05:002010-12-13T18:24:30.544-05:00Thank you for a clear and cogent post that shed li...Thank you for a clear and cogent post that shed light on the issue.Gunner Sykeshttps://www.blogger.com/profile/01270728218711934374noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-70581449109950311052010-12-13T17:19:07.334-05:002010-12-13T17:19:07.334-05:00I wonder, if Obamacare isn't stopped and the m...I wonder, if Obamacare isn't stopped and the mandate is still around, if we could simply pay the fine and then get non-governmentally mandated insurance and not have to wait in the lines and deal with the life and death bureaucracy. It would probably be much more expensive, but I would think worth it to not be shackled to the whims of the government. It's no longer insurance if the government can override contracts and eliminate competition.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-31083428798439099792010-12-13T17:01:06.024-05:002010-12-13T17:01:06.024-05:00@lgstarr - thanks for catching that, I'd hate ...@lgstarr - thanks for catching that, I'd hate to think we made access to a server a new constitutional right.William A. Jacobsonhttps://www.blogger.com/profile/16433685588536441422noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-65591723494378018962010-12-13T16:23:13.172-05:002010-12-13T16:23:13.172-05:00... "there is a presumption of serverability&...... "there is a presumption of serverability" ... this will confuse all the computer geeks out here, Professor!lgstarrhttps://www.blogger.com/profile/02752386918407342437noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-39064201077061095502010-12-13T16:11:17.752-05:002010-12-13T16:11:17.752-05:00Some may think the ObamaCare proponents will appea...Some may think the ObamaCare proponents will appeal all the way up to the Supreme Court. The SC has to decide if the case has merit.<br /><br />In the meantime, Americans are going to figure out ways to take care of their business without the Democrat schemes to ruin our health care. If the insurance companies in existence are so incompetent as to allow, and even collude with, the Federal Government to ruin our health care system, we will punish them. That is how markets work.<br /><br />Call me a wishful thinker, but I am a man of action and already have a plan going forward to get people the health insurance they need based on a "secondary market" approach that brings costs down without government meddling. And it will make me rich.Unknownhttps://www.blogger.com/profile/16366341668105770885noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-21712028758387094742010-12-13T15:22:53.337-05:002010-12-13T15:22:53.337-05:00Sad to say that the fate of all of this lies with ...Sad to say that the fate of all of this lies with a man named Kennedy.I,for one am not holding my breath.Charles Curranhttps://www.blogger.com/profile/16903486777889102377noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-80596168876521311592010-12-13T14:25:50.893-05:002010-12-13T14:25:50.893-05:00Wait a minute, cf, are you saying that all of the ...Wait a minute, cf, are you saying that all of the actual health care provisions of the bill are struck down but all 400 earmarks and pork projects are not?Rorschachhttps://www.blogger.com/profile/11848860674369931761noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-74574511380405510792010-12-13T14:00:17.226-05:002010-12-13T14:00:17.226-05:00cf
so the law presumes that congress intended to ...cf<br /><br />so the law presumes that congress intended to bankrupt the insurance industry?A.Worthinghttps://www.blogger.com/profile/14274848170181147489noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-35410823704316997632010-12-13T13:44:04.878-05:002010-12-13T13:44:04.878-05:00If severabiliy is implied, why is it that virtuall...If severabiliy is implied, why is it that virtually every other bill has a severability clause? That would seem to argue against the implication would it not?Rorschachhttps://www.blogger.com/profile/11848860674369931761noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-14717363353919308102010-12-13T13:36:48.686-05:002010-12-13T13:36:48.686-05:00I think the insurance companies anticipated this ...I think the insurance companies anticipated this and are working on alternatives to present to Congress as a sweetener to dump Obamacare.<br /><br /><br />I think the judge was right--this was heard on motions for summary judgement and the other 400 provisions were not involved. The doctrine of severability does not allow the dumping of an entire law in the absence of a severability provision, just all those provisions intertwined with the provision which is struck down. And that is exactly what Judge Hudson has done.cfhttps://www.blogger.com/profile/06415260679597997353noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-54580239399426594492010-12-13T13:24:35.492-05:002010-12-13T13:24:35.492-05:00the severability is a real problem, too. over at ...the severability is a real problem, too. over at patterico's i wrote a post with preliminary analysis. I suspect that if the mandate is struck down and enough of it remains, the insurance industries will literally go out of business.<br /><br />I can guarantee you that all the insurance companies are screaming today, probably at their congressmen.A.Worthinghttps://www.blogger.com/profile/14274848170181147489noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-47339134240398310812010-12-13T13:18:50.029-05:002010-12-13T13:18:50.029-05:00You're having fun with the sanity this judge h...You're having fun with the sanity this judge has [thankfully] brought to bear on the massive government power and control grab-fest (otherwise referred to as "Obamacare"), aren't you, Professor? Good for you! :)Deb_Bhttps://www.blogger.com/profile/03550673007910547814noreply@blogger.com