First I want to present this fact…..
The Federal judges appointed by Republican President’s have ruled against the law generally… (2 Judges)
Federal Judges appointed by Democratic Presidents for the law……( 2 Judges )
Judge Roger Vinson of Federal District Court in Pensacola, Fla. was appointed to bench by Ronald Reagan….
And he did afirm that the new law did not …..’violate state sovereignty by requiring states to pay for a fractional share of the planned Medicaid expansion.’
I have no doubt that Congress can mandate you joining the insurance pool under penalty of a tax penalty…
I’m willing to bet that in the next few years the penalty for not joining
WILL BE CHANGED…..
In exchange for the rest of the law staying in effect…..
The amendment forcing businesses to 1099 every payment over $600 should and will be repealed…..
This whole issue will end up before the Supreme Court if Obama and the Senate Democrats don’t cut a deal…..
And I think they will……
I’ve said there will be adjustments to the Law…
I know that will be so….
In his 78-page opinion, Judge Vinson held that the insurance requirement exceeded the regulatory powers granted to Congress under the Commerce Clause of the Constitution. He wrote that the provision could not be rescued by an associated clause in Article I that gives Congress broad authority to make laws “necessary and proper” to carrying out its designated responsibilities.
“If Congress can penalize a passive individual for failing to engage in commerce, the enumeration of powers in the Constitution would have been in vain,” the judge asserted.
In a silver lining for the Obama administration, Judge Vinson rejected a second claim that the new law violated state sovereignty by requiring states to pay for a fractional share of the planned Medicaid expansion.
The judge’s ruling came in the most prominent of more than 20 legal challenges to the sweeping health law, which was signed last March by President Obama.
The plaintiffs include governors and attorneys general from 26 states, all but one of them Republicans, as well as the National Federation of Independent Business, which represents small companies. Officials from six states joined the lawsuit in January after shifts in party control brought by November’s elections.
The ruling by Judge Vinson, a senior judge who was appointed by President Ronald Reagan, solidified the divide in the health litigation among judges named by Republicans and those named by Democrats…….