Healthcare act ruled VOID!!! (house of representatives, Congress, health care, Obama)
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I haven't read through all 51 pages and maybe this been asked before. The big reason I hear about the current law is that it is unconstitutional due to the requirement to purchase health care. Aren't we already required to purchase health care in the form of a payroll tax for Medicare?
The Health reform will carry on as it is. Nothing will be repealed and the senate will not pass anything that congress puts to them. Health care reform will go ahead. Instead of trying to destroy health care in the USA..... the Republicans should try to make some kind of effort to help solve America's failed health system. Now they hold Congress they have discovered they have to actually do something and guess what..... they are out of ideas..... already.
Just highlighting this little bit explains the statements above it.
A federal judge in Florida ruled the overhaul unconstitutional, saying Congress exceeded its authority by requiring people to buy health insurance. The U.S. Justice Department said it will appeal the decision. One other federal court has ruled against the law, while two have upheld it
Not quite so clearcut huh?
The judge did not grant the injunctive relief (i.e., a court order to halt implementation of the health care act).
The plaintiffs seek a declaratory judgment that the Act is unconstitutional and an injunction against its enforcement.
And
For all the reasons stated above and pursuant to Rule 56 of the Federal Rules of Civil Procedure, the plaintiffs’ motion for summary judgment (doc. 80) is hereby GRANTED as to its request for declaratory relief on Count I of the Second Amended Complaint, and DENIED as to its request for injunctive relief;
Not that it matters - the Obama Administration will appeal to the Circuit Court, and whatever the decision is there, the losing party will appeal to the Supreme Court.
The judge STATED in the ruling he presumes and expects the administration to abide by the ruling.
Hello! Page 75 of the ruling. How very interesting that you LEFT OUT the most important sentence or two that contradicted your point.
Quote:
It is even more so when the party to be enjoined is the federal government, for there is a long-standing presumption “that officials of the Executive Branch will adhere to the law as declared by the court. As a result, the declaratory judgment is the functional equivalent of an injunction.”
See, under the LAW, obama is expected to abide by the ruling, which VOIDS obamacare. He goes on to say a SEPARATE injunction is not necessary - well, this judge will likely find out that obama will attempt to ignore the reality - obamacare is dead UNTIL a higher court or the SCOTUS reverses this decision.
I wonder how many people have actually read the ruling?
Republicans are offering no clear alternatives to the health care overhaul that was enacted after decades of rising health-care costs and increasing numbers of uninsured.
“We cannot go back to a time when millions of American families stayed up at night worrying about what would happen to them and their families if they lost their jobs and their health insurance,” said Senator Patty Murray, a Washington Democrat.
When asked after the vote if Republicans will offer a comprehensive plan of their own, McConnell made no commitment.
The health-care law cleared Congress with no Republican support last year when Democrats controlled the House and Senate. It imposes new taxes on the highest wage-earners and on medical-device makers and other health care industries, and provides hundreds of billions of dollars in Medicare savings.
Democrats now control the Senate 53-47, so Republicans lack the votes to push through a repeal. Even if they could, it would face a certain veto by Obama.
Again, wrong. Btw, it's two federal judge's rulings.
Obama argued these cases to the court, now they must abide by the ruling, OR request a stay, otherwise the default NOW is obamacare is VOIDED.
There have been four court cases two have ruled in favor of the Obama administration, two against.
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