Monday, January 31, 2011

New Healthcare Law unconstitutional,

Says federal judge Roger Vinson. In a ruling handed down this afternoon in the northern Florida district, the entire law was struck down because it depends upon the offending portion to work- the requirement that individual citizens buy private insurance under penalty of law. The judge said that Congress doesn't have the power to pass that sort of mandate, quoting an opposing Senator: "...if a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house,...” What kind of racist, right wingnut Republican said such a silly thing? Senator Obama


Tracie the Red said...

So why do so many other UUs tell me that there is no mandate to buy health care or people will not suffer any consequences if they don't buy health insurance?

Joel Monka said...

Because the administration argued that the fine was not a penalty but a tax, and since the government does indeed have the power to tax, that made it perfectly Constitutional. The other UUs you spoke to took the administration's position. But all five court decisions- even the ones that upheld the rest of the law- have said that the law actually calls it a penalty, and it's used as a penalty, therefore it's a penalty.