The Tonka Report

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Federal Judge Rules Obama Health Care Mandate UnConstitutional

with 2 comments

December 13, 2010: Larry O’Dell / Associated Press via The – December 13, 2010

RICHMOND, Va. (AP/The Blaze) — A federal judge declared the Obama administration’s health care law unconstitutional Monday, siding with Virginia’s attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court. U.S. District Judge Henry E. Hudson is the first federal judge to strike down the law, which has been upheld by two others in Virginia and Michigan.

Several other lawsuits have been dismissed and others are pending, including one filed by 20 other states in Florida.

Virginia Republican Attorney General Kenneth Cuccinelli filed a separate lawsuit in defense of a new state law that prohibits the government from forcing state residents to buy health insurance.

However, the key issue was his claim that the federal law’s requirement that citizens buy health insurance or pay a penalty is unconstitutional. Hudson, a Republican who was appointed by President George W. Bush, sounded sympathetic to the state’s case when he heard oral arguments in October, and the White House expected to lose this round.

Administration officials told reporters last week that a negative ruling would have virtually no impact on the law’s implementation, noting that its two major provisions – the coverage mandate and the creation of new insurance markets – don’t take effect until 2014.

On Monday, however, Fox’s Greta Van Susteren disagreed with that sentiment, saying that the provision that was struck down includes most of the funding for the bill.

The central issue in Virginia’s lawsuit was whether the federal government has the power under the constitution to impose the insurance requirement. The Justice Department said the mandate is a proper exercise of the government’s authority under the Commerce Clause.

Cuccinelli argued that while the government can regulate economic activity that substantially affects interstate commerce, the decision not to buy insurance amounts to economic inactivity that is beyond the government’s reach.

Judge Rules In Favor Of Virginia Challenge To Health Care Law

The Tonka Report Editor’s Note: This is a resounding blow to the criminal Obama administration and their eugenicist minions in the ongoing fight for our health and freedom– SJH

Link to original article below…

2 Responses

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  1. I was told by a nurse recently that our local hospital would not receive reimbursement from the feds for treating the working poor. Hospitals have cut staff and resources to the bone in preparation for Obamacare. Would a repeal of Obamacare mean no death panels?

    Isn’t Obamacare yet another unfunded mandate? Why limit the protest to Health Care? I would also like to see “No federal government-run Education” lawsuits. States and local school districts are forced to pay millions of dollars to implement endless unfunded Federal mandates. I hope a few enterprising lawyers can succeed with this in court.

    Bourgoise Pig

    December 14, 2010 at 9:52 am

  2. Bourgoise Pig,

    The particular section of the Obamacare scam that was struck down as unconstitutional, effectively guts the funding for the entire program.

    If the pending cases in Florida use the Virginia ruling as a precedent and follow suit, the US Supreme Court will be hard-pressed to legally overturn their rulings.

    And I agree whole-heartedly concerning your comment on education…

    “The reform is not new. It started in the early 1900s when John D. Rockefeller, Jr.’s Director of Charity for the Rockefeller Foundation, Frederick T. Gates, set up the Southern Education Board. In 1913 the organization was incorporated into the General Education Board. These boards set in motion “the deliberate dumbing down of America”. In Frederick T. Gates’ “The Country School of Tomorrow” Occasional Papers No. 1 (General Education Board, New York, 1913) was a section entitled “A Vision of the Remedy” in which he wrote:”

    “Is there aught a remedy for this neglect of rural life? Let us, at least, yield ourselves to the gratifications of a beautiful dream that there is. In our dream, we have limitless resources, and the people yield themselves with perfect docility to our moulding hand. The present educational conventions fade from our minds; and unhampered by tradition, we work our own good will upon a grateful and responsive rural folk. We shall not try to make these people or any of their children into philosophers or men of learning or of science. We are not to raise up from among them authors, orators, poets, or men of letters. We shall not search for embryo great artists, painters, musicians. Nor will we cherish even the humbler ambition to raise up from among them lawyers, doctors, preachers, politicians, statesmen, of whom we now have ample supply.”


    – SJH

    Steven John Hibbs

    December 14, 2010 at 10:28 am

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