Judge asked to dismiss Virginia's health reform challenge - DFWstangs Forums
 
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post #1 of 13 (permalink) Old 05-24-2010, 09:25 PM Thread Starter
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Judge asked to dismiss Virginia's health reform challenge

This is the first federal response to the numerous states suing the fed due to the unconstitutionality of the 'health care' bill.

http://www.chron.com/disp/story.mpl/...l/7020497.html

Quote:
RICHMOND, Va. — President Barack Obama's administration on Monday asked a federal judge in Virginia to dismiss the state's lawsuit alleging Congress overstepped its constitutional bounds with the new health care reform law.

Health and Human Services Secretary Kathleen Sebelius argued in a motion filed hours before a midnight deadline that the law is well within the scope of the Constitution's Commerce Clause.

Virginia's Republican attorney general, Ken Cuccinelli, filed suit in U.S. District Court in Richmond less than eight hours after Congress enacted the law. It argues that requiring people to buy health coverage or pay a fee exceeds federal powers limited by the Constitution's 10th Amendment.

More than a dozen state attorneys general have sued over the legislation on broadly similar grounds in cases that are likely be determined by the Supreme Court.

The conservative attorney general sued in defense of a Virginia law enacted this winter that exempts state residents from being required to have health coverage.

Sebelius argues in her dismissal motion, however, that Virginia lacks the standing to sue.

"A state cannot ... manufacture its own standing to challenge a federal law by simple expedient of passing a statute purporting to nullify it," read the motion. "Otherwise, a state could import almost any political or policy dispute into federal court by enacting its side of the argument into state law."

Sebelius also contends that the new law, passed solely by the ruling Democrats in Congress and signed by a Democratic president, is constitutional.

"Even if Virginia could surmount this jurisdictional barrier, its claim still would fail because Congress, in adopting the minimum coverage provision, acted well within its authority under the Commerce Clause," the motion says.

The mandate for most U.S. residents to carry health insurance starting in 2014 is at the heart of the federal law's goal of medical coverage for all. Without it, the Justice Department explains in the filing, the new law — and its efforts to contain costs — becomes moot.

"When accidents or illnesses inevitably occur, the uninsured still receive medical assistance, even if they cannot pay. As Congress documented, such uncompensated health care costs — $43 billion in 2008 — are passed on to the other participants in the health care market: the federal government, state and local governments, health care providers, insurers, and the insured population," the motion says.

But the "minimum coverage provision," more than any other act of Obama and the Democratic Congress, has stoked the angriest reactions, particularly by conservative tea party groups across the nation. For the federal government to tell individuals and families what they must purchase tramples a basic liberty, they argue.
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post #2 of 13 (permalink) Old 05-24-2010, 09:27 PM
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Fuck them. Invoke the 10th Amendment.

CANADIANS = DOUCHERS

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post #3 of 13 (permalink) Old 05-25-2010, 06:03 AM
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aaaaah the 10th!

RON PAUL '08
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post #4 of 13 (permalink) Old 05-25-2010, 06:05 AM
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crazy!! were all fucked!! just wait and see
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post #5 of 13 (permalink) Old 05-25-2010, 08:12 AM
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States need to be more aggressive. Start arresting federal employees, impounding vehicles, etc.

1/19/09, the last day of Free America.
Pericles "Freedom is the sure possession of those alone who have the courage to defend it. "

"[T]he people alone have an incontestable, unalienable, and indefeasible right to institute government and to reform, alter, or totally change the same when their protection, safety, prosperity, and happiness require it." --Samuel Adams


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post #6 of 13 (permalink) Old 05-25-2010, 05:02 PM
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Quote:
Originally Posted by sean88gt View Post
states need to be more aggressive. Start arresting federal employees, impounding vehicles, etc.
yes!

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post #7 of 13 (permalink) Old 05-25-2010, 05:06 PM
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Quote:
Originally Posted by Sean88gt View Post
States need to be more aggressive. Start arresting federal employees, impounding vehicles, etc.
On what grounds? I'm not understanding.

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post #8 of 13 (permalink) Old 05-25-2010, 05:18 PM
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Originally Posted by Geor! View Post
On what grounds? I'm not understanding.
Make one up. Pass some bogus law about the federal vehicles needing to pay $5/mile to use roads in the state (yes, the federal interstate). The feds are marching on the constitution and leaning on states to do the same.

1/19/09, the last day of Free America.
Pericles "Freedom is the sure possession of those alone who have the courage to defend it. "

"[T]he people alone have an incontestable, unalienable, and indefeasible right to institute government and to reform, alter, or totally change the same when their protection, safety, prosperity, and happiness require it." --Samuel Adams


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post #9 of 13 (permalink) Old 05-25-2010, 05:19 PM
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Quote:
Originally Posted by Sean88gt View Post
Make one up. Pass some bogus law about the federal vehicles needing to pay $5/mile to use roads in the state (yes, the federal interstate). The feds are marching on the constitution and leaning on states to do the same.
I swear to God Sean if you ran for Congress, I would vote for you. I like your style.

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post #10 of 13 (permalink) Old 05-25-2010, 05:35 PM
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Quote:
Originally Posted by Geor! View Post
On what grounds? I'm not understanding.
Whats not to understand. The States have the right to boot out the feds, simply because WE want them out. (assuming the majority wants it). The states have the backing of the constitution to do this.



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post #11 of 13 (permalink) Old 05-26-2010, 02:41 PM
Canada is welcome here.
 
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I can see this country tearing itself apart again in my lifetime. Maybe it would just be better off as two separate countries. One part could be the socialist pussies, and the other part could be the hard working take no shit gun loving people.

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- later on when i was about 16 i suddenly came to the realization that i had zero appeal to women and i said "i'm going to say i'm gay from now on"
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post #12 of 13 (permalink) Old 05-26-2010, 08:11 PM
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I can see this country tearing itself apart again in my lifetime. Maybe it would just be better off as two separate countries. One part could be the socialist pussies, and the other part could be the hard working take no shit gun loving people.

The other part would be Texas. To hell with the rest cause we're already in Texas...
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post #13 of 13 (permalink) Old 05-27-2010, 10:26 AM
Canada is welcome here.
 
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Yeah and when they come begging for a loan due to their failed liberal commie policies, we just laugh and watch them suffer. Maybe bomb them a couple times for asking. They won't do anything back, they will just want to resolve it diplomatically.

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i think thedark1337 is a pretty cool guy. eh plays the game and doesnt afraid of anything


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- later on when i was about 16 i suddenly came to the realization that i had zero appeal to women and i said "i'm going to say i'm gay from now on"
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