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Liberty's Challenge to Obamacare dismissed

Posted: December 1st, 2010, 6:42 pm
by SumItUp
http://news.yahoo.com/s/ap/us_obama_hea ... SG99VzfNdF
RICHMOND, Va. – A federal judge on Tuesday dismissed Liberty University's lawsuit challenging the Obama administration's new federal health care law, declaring that a provision requiring most individuals to obtain insurance is constitutional.

Re: Liberty's Challenge to Obamacare dismissed

Posted: December 1st, 2010, 7:53 pm
by Hold My Own
May have been dismissed but the ruling was (in my opinion) carefully worded leaving the door wide open for an appeal.


You will see this in the Supreme Court, I really believe that after the verdict.


Keep in mind all of this is coming from someone who's law eduction comes from Judge Judy.


Dickens, your opinion is encouraged here....bring your friends too.

Re: Liberty's Challenge to Obamacare dismissed

Posted: December 6th, 2010, 12:45 pm
by jmdickens
I will get back to you after the 17th when finals are over.

Re: Liberty's Challenge to Obamacare dismissed

Posted: December 13th, 2010, 6:03 pm
by jmdickens
A judge beat me to it.......

I do not think it will go to the Supreme Court, but it very well could

Re: Liberty's Challenge to Obamacare dismissed

Posted: December 13th, 2010, 7:23 pm
by Hold My Own
This is very interesting...


Virginia Attorney General Hails Ruling Against Health Care Law, Predicts Supreme Court 'Fight'

http://www.foxnews.com/politics/2010/12 ... urt-fight/

Re: Liberty's Challenge to Obamacare dismissed

Posted: December 13th, 2010, 9:22 pm
by jmdickens
I still wont believe it gets to the Supreme Court.....

There are certain issues the Supreme Court avoids...one is the war time powers, homosexual marriage and this garbage bill just seems like something they would avoid. It just invites more politics in the judiciary.

Re: Liberty's Challenge to Obamacare dismissed

Posted: December 14th, 2010, 1:20 pm
by ALUmnus
http://www.americanthinker.com/blog/201 ... cotus.html

Nearly everyone agrees that Judge Hudson's finding that the ObamaCare health insurance mandate is unconstitutional will be appealed to the Supreme Court, which will have the final say. The only question is whether the government will agree to expedited treatment, which would bypass the Fourth Circuit Court of Appeals (which most observers agree is likely to uphold Judge Hudson's decision).

Jennifer Rubin, the superb political analyst who recently moved from Commentary Magazine to the Washington Post, notes a singular fact that should lead to Judge Hudson's decision being affirmed by the SCOTUS:
...here's the tricky part: Justice Elena Kagan, having served in the Obama Justice Department, is surely to recuse herself. With the "liberals" one judge down, even a Kennedy vote to uphold the individual mandate would presumably result in a 4-4 tie. And guess what? If there is a tie, the lower ruling stands. In other words, this is really bad for ObamaCare advocates.

Re: Liberty's Challenge to Obamacare dismissed

Posted: December 14th, 2010, 1:32 pm
by LUconn
Everybody keeps saying Kagen will recuse herself. If she doesn't have to, I don't see why she would.

Re: Liberty's Challenge to Obamacare dismissed

Posted: December 14th, 2010, 2:16 pm
by TDDance234
LUconn wrote:Everybody keeps saying Kagen will recuse herself. If she doesn't have to, I don't see why she would.
There will be too much outside pressure for her not to. She'd get quite the backlash if she didn't.

Re: Liberty's Challenge to Obamacare dismissed

Posted: December 14th, 2010, 2:20 pm
by LUconn
Does a Supreme Court Justice care? It's a lifetime appointment. They can pretty much do whatever they want, no? Is there a way to revoke a SCOTUS judge? If so, I don't know that this situation would result in that.

Re: Liberty's Challenge to Obamacare dismissed

Posted: December 14th, 2010, 3:09 pm
by TDDance234
LUconn wrote:Does a Supreme Court Justice care? It's a lifetime appointment. They can pretty much do whatever they want, no? Is there a way to revoke a SCOTUS judge? If so, I don't know that this situation would result in that.
I would like to think they care - but again, it could be wishful thinking.

I don't think she would be removed if she decided to stick around by any means but I think it would create an awfully big headache for her if she didn't.

Re: Liberty's Challenge to Obamacare dismissed

Posted: December 15th, 2010, 1:07 am
by JLFJR
LU's suit was heard by a Clinton appointee, Judge Norman Moon from Lynchburg. Cuccinelli's suit was heard by a Bush appointee. Amazing how these judges always seem to rule the way the president who appointed them would have wanted. Judge Moon did help us by ruling that we did have standing to sue. If he had ruled otherwise, we would now be appealing whether or not we even had standing instead of appealing on the merits of the case. This puts us months and maybe years ahead of the game. It will be interesting to see how the 4th Circuit and US Sup Ct addresses these cases.