Florida judge rules multi-state suit against Obama`s health care can proceed, is this the beginning of the end?

for Obama`s health care law? Justice Department is insisting "NOW" that it is a tax, judge says that it is a penalty, will the health law die soon or will we have to wait until 2014?

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  • 10 years ago
    Favorite Answer

    This will eventually be resolved in the Supreme Court, though there may be an order to suspend or put everything on hold as it makes its way through the legal system.

    I really do not see what difference it makes if it is called a tax or a fine however the bill does say that it is a fine. The reason that I fail to see the difference is because there is no language contained within the law that would allow anyone to appeal, I suppose calling it a tax one could surmise that you could appeal through the IRS. I can tell you that if the argument had been that it is a tax, Obama and company would be claiming it to be a fine.

    Without a clear method of appeal, there is a violation of the 5th and 14th amendments "due process" clause which would make this portion of the legislation unconstitutional.

    This still is not the end of all things, even if this judge rules that this is legal there are still constitutional issues regarding the collection of your medical and financial information without your consent. This amounts to an illegal seizure and since your records would be available to Obama appointees there are also implications that this would violate the HIPPA Laws passed in 1996.

    The HIPPA laws are so strict that even a spouse can not find out what is wrong with their husband or wife unless he is in serious condition. In any event illegal seizure is a violation of the 14th amendment and since the records would be released to non medical personnel there is consideration of a violation of the 3rd amendment (right to privacy)

    Finally there is the matter of this being a total violation of the 10th amendment, It is without doubt that congress can regulate the insurance industry using the interstate commerce section of the US constitution but if they can regulate the individual then we are all in deep crap. If the government can tell you that you must purchase insurance, then they can tell you that you must buy an American made automobile or you can not purchase a 5 bedroom home if you have less than 3 children.

    I can already hear the liberals saying to me "That is stupid, that will never happen"

    Well back in the early 1960's someone that just bought a house for $17,500 would have said the same thing if they were told that their home would be worth more than $1,000,000 and we would have a black man as president.

    You can bet your last $1 that Obama will try to get this delayed until after it takes affect and his basis will be that since no one is currently covered they do not have standing to file the lawsuit.

    I just hope that this judge has a set of gonads and tells the Obama administration to shove it, he is going to rule on the case anyway.

    Of course with the republicans gaining control of congress in January there is the possibility that they will repeal the law making it a moot point.

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  • Alane
    Lv 4
    4 years ago

    Well I knew that was just one state and it was reported there would be a trial in December. I was disappointed. I then learned that in Michigan in one of the other lawsuits challenging the Health Care Act the judge ruled the law is constitutional. So I guess it depends on which court hears the case.

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  • 10 years ago

    "Finally there is the matter of this being a total violation of the 10th amendment, It is without doubt that congress can regulate the insurance industry using the interstate commerce section of the US constitution but if they can regulate the individual then we are all in deep crap. If the government can tell you that you must purchase insurance, then they can tell you that you must buy an American made automobile or you can not purchase a 5 bedroom home if you have less than 3 children.

    I can already hear the liberals saying to me "That is stupid, that will never happen"

    Well back in the early 1960's someone that just bought a house for $17,500 would have said the same thing if they were told that their home would be worth more than $1,000,000 and we would have a black man as president."

    That doesn't make any sense. There's a difference between people not believing we would progress to not being racist and people not believing the government will one day force us to buy a certain kind of home.

    Would it make you more comfortable if they just increased taxes and took it straight out of there instead of calling it "making you buy insurance"? Problem solved.

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  • 10 years ago

    The smart people of this country hope that it is the down fall of this horrid bill.

    Not one member of congress nor the president read this thing before agreeing to it and signing it into law.

    Sorry but health care is a privilege not a right like Harry Reid said.

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  • 10 years ago

    Good, no one should be forced to buy health insurance. Some people really can't afford it and are barely getting by as it is, so they have no extra money for that, but the real reason is, it just shouldn't be required. We are already forced to do so many things we shouldn't do, like pay taxes towards stupid programs that don't work. There has got to be a better way.

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  • 10 years ago

    I hope it is found to be unconstitutional or it is the beginning of many such decisions by the government. Even if it is a tax, it is very oppressive and you pay the tax to an private enterprise rather than directly to the government.

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  • Anonymous
    10 years ago

    Yes it does. Thanks to the grand work done by the Florida Attorney General Bill Mucallah,

    his drafting of the suit was impeccable, And He passed the plausable case on the two major

    issues. Now we can move forward with the documentation and evidence phase of the

    trial. Obama is dead meat on this one. He broke two laws within the constitutional frame work.

    And that is going to come back and bite him in the ***.

    This Law will be thrown out for lack of ability to fund it, It will die a horrible death as it should.

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  • 10 years ago

    Probably this will be one of many "undo" of Obama's laws that will be done in the next 4-5 years. All the laws they passed without reading will slow any growth in the economy and slowly shift us into the welfare state, which I hope we will not become.

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  • .
    Lv 6
    10 years ago

    Not until Obama ends up like Mel in Honduras back in June 2009.

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  • 10 years ago

    I hope so. Our government has intruded into our lives way too much. To many rules, regulations, codes, zoning, license, laws, etc. All designed by special interest for special interests. We need our freedom and rights back. Obama can take his socialized medicine and stick it up Pelosi's ...

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