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Old 03-23-2010, 08:33 PM
 
Location: Foot of the Rockies
90,297 posts, read 120,747,599 times
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Now I know all you legal eagles here on CD will disagree with this, but here is what some real attorneys think:

KUNC: Colo AG Lawsuit Chances Slim, Say Analysts (2010-03-23)

Some Colorado legal experts doubt that a lawsuit against the newly passed health care overhaul bill by several states will stand much of a chance in the courts.

But the courts have long sided with the federal government in cases involving the Constitution's commerce clause.

"Let me put it this way, this is going to be a hard argument for the attorneys general to make," says Professor Robert Nagel, who teaches constitutional law at the University of Colorado at Boulder.


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Old 03-23-2010, 08:37 PM
 
32 posts, read 27,324 times
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Quote:
Originally Posted by pghquest View Post
Yep.. clearly bipartisan.. Joined by how many Democrats?
This all sounds like deflection to me. It's entirely conceivable that the united front against the bill from republicans is also an example of partisan grandstanding. Health Care Reform has been attempted before and it failed before. There has to be some reason, though, why it's so often so inaccurately represented to the public by republicans. Political motivations for trying to rile the public up against the bill would easily explain that. It's ironic, as well, that representatives are less likely to take seriously objections which are completely unrelated to what's being proposed. But if people keep taking seriously the misrepresentations they'll feel ignored by their representatives and get resentful. This could only benefit the people who are doing all of the misrepresenting. So it's certainly possible that even the dissent and opposition is little more than partisan grandstanding. Of course I'm sure there's more to it than that, but I doubt that the opposition for the reform bills don't have their partisan motivations.
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Old 03-23-2010, 08:44 PM
 
24,404 posts, read 23,061,247 times
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Pennsylvania was first in line to challenge it at least.
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Old 03-23-2010, 08:56 PM
 
Location: Irvine, CA to Keller, TX
4,829 posts, read 6,930,324 times
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Quote:
Originally Posted by sanrene View Post
The Associated Press: Idaho first to sign law against health care reform

Idaho first to sign law against health care reform



Virginia Politics Blog - Cuccinelli's office confirms Virginia will sue over health care



This should be fun it obamacare passes - hopefully there will be an injunction on the legislation and tied up in the courts for a while.

I don't think I've ever witnessed the public and individual states so opposed to legislation proposed by the WH and Congress. This is truly unprecedented.

CNSNews.com - Levin's Landmark Legal Foundation to File Immediate Constitutional Challenge If House Dems Try to Pass Health-Care Without Actually Voting on It (http://www.cnsnews.com/news/article/62939 - broken link)



I think it would be just grand if the states and individuals said "up yours" to the federal government and refused to comply with their unconstitutional laws.
I have read the entire thread and what stands out is that conservatives want the government out of their private business and the liberals want government intrusion. Who would have thunk it.

What is most amazing is that everyone thinks their opinions and the sources they quote are the correct interpretations while the opposite opinions are wrong. What only matters is if it gets to the Supreme Court and what they rule.

I would really like to see the Supreme Court rule in favor of the 38 states, not because I care about the future of the bill one way or another. What I really want to see is the complete melt down by the Democrats and what may happen in the aftermath. It could very likely have disastrous results that would be very entertaining to watch. Would there be rioting in DC? Would we see the biggest battle between government branches ever? Would we see liberals demanding the Supreme Court Justices be asked/forced to resign? The possibilities are endless as would be the entertainment value. This would be incredible. We could see the politcal climate change forever in DC.
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Old 03-23-2010, 09:03 PM
 
Location: Sierra Vista, AZ
17,531 posts, read 24,695,782 times
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The law will stand, except possibly for the Individual Mandate. It would be great to see that struck down after the Insurance companies have poured tens of millions into this fight, to see the only part they want struck down. Poetic justice
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Old 03-23-2010, 09:08 PM
 
8,276 posts, read 11,915,856 times
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Quote:
Originally Posted by Soccersupporter View Post
I have read the entire thread and what stands out is that conservatives want the government out of their private business and the liberals want government intrusion. Who would have thunk it.

What is most amazing is that everyone thinks their opinions and the sources they quote are the correct interpretations while the opposite opinions are wrong. What only matters is if it gets to the Supreme Court and what they rule.

I would really like to see the Supreme Court rule in favor of the 38 states, not because I care about the future of the bill one way or another. What I really want to see is the complete melt down by the Democrats and what may happen in the aftermath. It could very likely have disastrous results that would be very entertaining to watch. Would there be rioting in DC? Would we see the biggest battle between government branches ever? Would we see liberals demanding the Supreme Court Justices be asked/forced to resign? The possibilities are endless as would be the entertainment value. This would be incredible. We could see the politcal climate change forever in DC.
Meltdowns? Like the ones being experienced by the GOP right now?
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Old 03-23-2010, 09:52 PM
 
711 posts, read 933,033 times
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Quote:
Originally Posted by pghquest View Post
I never proclaimed that one does NOT need to list laws being violated when filing a lawsuit. I said they ALSO file case law and previous court decisions IN THAT lawsuit.. Lets review my quote shall we?
IMO, If the plaintiff can't substantiate the allegation (such as a violation of the constitution) further arguements generally wouldn't be heard and the defense would likely request dismissal if the judge hasn't already dismissed the case.There isn't any need to establish case relativity as the case would then be dismissed--closed--done. The plaintiff can refile upon other grounds if he still has the hunger--and the assets. All of the above is contingent on the court hearing the case at all.

BTW who said the constitution is just a GD piece of paper?

Odd that it should be YOU standing on the constitution.
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Old 03-23-2010, 10:05 PM
 
69,368 posts, read 64,101,577 times
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Quote:
Originally Posted by bluskyz View Post
IMO, If the plaintiff can't substantiate the allegation (such as a violation of the constitution) further arguements generally wouldn't be heard and the defense would likely request dismissal if the judge hasn't already dismissed the case.There isn't any need to establish case relativity as the case would then be dismissed--closed--done. The plaintiff can refile upon other grounds if he still has the hunger--and the assets. All of the above is contingent on the court hearing the case at all.
I said that.. thanks for playing..
Quote:
Originally Posted by bluskyz View Post
BTW who said the constitution is just a GD piece of paper?
Another liberal who LIED about what Bush claimed to have said. HE DIDNT SAY IT.. Get over yourself and stop repeating the same GD LIES!!!
Quote:
Originally Posted by bluskyz View Post
Odd that it should be YOU standing on the constitution.
Why is that? Because you believe the lies TOLD TO YOU? That sounds like YOUR PROBLEM.. not mine!!!
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Old 03-23-2010, 10:07 PM
 
32 posts, read 27,324 times
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Well the bill is law now, so let's let the entertainment begin.
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Old 03-23-2010, 10:22 PM
 
Location: The Great State of Texas, Finally!
5,476 posts, read 12,244,635 times
Reputation: 2825
Quote:
Originally Posted by Boompa View Post
By the time these suits reach Court Obama will have completed his second term
You got that right. First term as POTUS. Second term in jail. That's how they roll in Illinois.
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