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View Full Version : A 3rd District Court judge says Obamacare mandate doesn't violate Constitution



Little-Acorn
02-23-2011, 11:40 AM
A judge appointed by Bill Clinton wrote, "Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin."

So deciding not to engage in commerce the Fed govt can regulate, is engaging in commerce the fed govt can regulate???

Was this "judge" recently released from a lunatic asylum?

In the 1995 Supreme Court case US v. Lopez, the govt lawyers tried to pretend that bringing a gun to a school (not necessarily firing it) affected "interstate commerce" enough that the Fed govt could regulate that, too, despite the 2nd amendment's flat prohibitions. The long, tortured chain of "logic" they tried to cite to justify this, was amazing. Finally then-USSC Chief Justice Rehnquist stopped the lawyer, and asked him if he could name one activity in all of human experience, no matter how small or innocuous, that could not fall under the regulative ability the lawyer was trying to give Congress with his incredibly twisted "logic". The lawyer thought for a while, and admitted he couldn't name one.

Would that Rehnquist were alive today and in this nutty judge's courtroom, to ask her the same question.....

http://www.dcd.uscourts.gov/dcd/sites/dcd/files/kessler.jpg

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http://tpmdc.talkingpointsmemo.com/2011/02/federal-judge-in-dc-upholds-health-care-reform-says-some-arguments-ignore-reality.php?ref=fpb

Federal Judge In D.C. Upholds Health Care Reform, Says Some Arguments 'Ignore Reality'

by Ryan J. Reilly
February 22, 2011, 7:51PM

A federal judge on Tuesday upheld the health care reform law signed last year by President Barack Obama and found that Congress had the clear authority to regulate health insurance under the Commerce Clause of the Constitution.

U.S. District Judge Gladys Kessler's 64-page ruling (below) takes aim at the argument espoused by many conservatives which holds that the passive act of not purchasing health insurance does not constitute an activity that can be regulated under the Commerce Clause.

"It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not 'acting,' especially given the serious economic and health-related consequences to every individual of that choice," Kessler writes. "Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin."

DragonStryk72
02-23-2011, 09:39 PM
A judge appointed by Bill Clinton wrote, "Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin."

So deciding not to engage in commerce the Fed govt can regulate, is engaging in commerce the fed govt can regulate???

Was this "judge" recently released from a lunatic asylum?

In the 1995 Supreme Court case US v. Lopez, the govt lawyers tried to pretend that bringing a gun to a school (not necessarily firing it) affected "interstate commerce" enough that the Fed govt could regulate that, too, despite the 2nd amendment's flat prohibitions. The long, tortured chain of "logic" they tried to cite to justify this, was amazing. Finally then-USSC Chief Justice Rehnquist stopped the lawyer, and asked him if he could name one activity in all of human experience, no matter how small or innocuous, that could not fall under the regulative ability the lawyer was trying to give Congress with his incredibly twisted "logic". The lawyer thought for a while, and admitted he couldn't name one.

Would that Rehnquist were alive today and in this nutty judge's courtroom, to ask her the same question.....

http://www.dcd.uscourts.gov/dcd/sites/dcd/files/kessler.jpg

----------------------------------------

http://tpmdc.talkingpointsmemo.com/2011/02/federal-judge-in-dc-upholds-health-care-reform-says-some-arguments-ignore-reality.php?ref=fpb

Federal Judge In D.C. Upholds Health Care Reform, Says Some Arguments 'Ignore Reality'

by Ryan J. Reilly
February 22, 2011, 7:51PM

A federal judge on Tuesday upheld the health care reform law signed last year by President Barack Obama and found that Congress had the clear authority to regulate health insurance under the Commerce Clause of the Constitution.

U.S. District Judge Gladys Kessler's 64-page ruling (below) takes aim at the argument espoused by many conservatives which holds that the passive act of not purchasing health insurance does not constitute an activity that can be regulated under the Commerce Clause.

"It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not 'acting,' especially given the serious economic and health-related consequences to every individual of that choice," Kessler writes. "Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin."

I love that Kessler destroys his own point, with that statement. Yes, choice is an affirmative action, whatever you choose, you made that choice. The entire point of which is that it is my choice as to whether I get health insurance or not. The Government doesn't have a say in it.

CSM
02-24-2011, 06:32 AM
If such a ruling does not lay the ground work for the government to force personal choice in other areas of an individual's life, I don't know what does.

Mr. P
02-24-2011, 09:51 PM
When coercion is involved, in this case a fine if you make choice "B', freedom of choice is nonexistent. The Judge is NUTS and no doubt left wing.

Psychoblues
02-27-2011, 05:07 PM
The Patients Rights and Affordable Care Act will stand for as long as we have Social Security, Medicare, Medicaid, SSI, food stamps, farm subsidies, corporate research and development grants and about a thousand other universally used and needed federal programs. Is there any reason that we shouldn't be working together to improve what we have rather than condemn something that most of you haven't taken 15 seconds to consider in any positive way?

Psychoblues

Missileman
02-27-2011, 05:43 PM
The Patients Rights and Affordable Care Act will stand for as long as we have Social Security, Medicare, Medicaid, SSI, food stamps, farm subsidies, corporate research and development grants and about a thousand other universally used and needed federal programs. Is there any reason that we shouldn't be working together to improve what we have rather than condemn something that most of you haven't taken 15 seconds to consider in any positive way?

Psychoblues

Obamacare is a money and power grab by the Feds, plain and simple. It won't lower healthcare costs, in fact, just the opposite. It won't improve the quality of healthcare, again in fact, just the opposite. It won't reduce the deficit, it's just another unsustainable give away to the fund-raising arm of the DNC.

The really good news is that the days of the liberals and unions are numbered. If they thought they got their asses handed to them in Nov 2010, wait until the political tsunami hits them in 2012. In Feb, 2013,
we can erect a monument to the death of Obamacare and hope that Harry, Barry, and Nancy can find suitable grief counseling.

Psychoblues
02-27-2011, 06:20 PM
Obamacare is a money and power grab by the Feds, plain and simple. It won't lower healthcare costs, in fact, just the opposite. It won't improve the quality of healthcare, again in fact, just the opposite. It won't reduce the deficit, it's just another unsustainable give away to the fund-raising arm of the DNC.

The really good news is that the days of the liberals and unions are numbered. If they thought they got their asses handed to them in Nov 2010, wait until the political tsunami hits them in 2012. In Feb, 2013,
we can erect a monument to the death of Obamacare and hope that Harry, Barry, and Nancy can find suitable grief counseling.

I'll take the words of professionals that make their livings accurately forecasting and they forecast exactly opposite of your rightwing talking points, Mm. They even exactly forecast 2010 election results. You wouldn't believe what they are forecasting for 2012 so I won't even bother to tell you or link you to them.

God Bless the Progressive United States of America

Psychoblues

Missileman
02-27-2011, 06:55 PM
I'll take the words of professionals that make their livings accurately forecasting and they forecast exactly opposite of your rightwing talking points, Mm. They even exactly forecast 2010 election results. You wouldn't believe what they are forecasting for 2012 so I won't even bother to tell you or link you to them.

God Bless the Progressive United States of America

Psychoblues

Just meaningless bullshit without anything to back it up.

Psychoblues
02-27-2011, 07:19 PM
Just meaningless bullshit without anything to back it up.

That's what I think about your bullshit, Mm. You, me, genius!!!!!!!!!

Psychoblues