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Can the judge's rulling be declared null?

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Xenotime Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-01-11 05:03 PM
Original message
Can the judge's rulling be declared null?
It says on page 13 of the ruling "...the individual mandate goes beyond the Commere Clause and is unconstitutional." Since there is no 'Commere Clause' the issue becomes irrelevant.

http://www.scribd.com/doc/47905937/Health-Care-Ruling-by-Judge-Vinson?autodown=pdf
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JuniperLea Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-01-11 05:04 PM
Response to Original message
1. Medicare is government mandated healthcare insurance...
They would have to stop Medicare too. This won't float.
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WinkyDink Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-01-11 05:06 PM
Response to Reply #1
3. Sorry; wrong. The govt program, funded by a tax, is not of and by a for-profit institution.
The Devil is in the details.
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JuniperLea Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-01-11 05:29 PM
Response to Reply #3
5. We are forced to pay for Medicare...
How is that not mandated healthcare payment? It's insurance too. Many use far more funds than they paid in. For profit has zero to do with the fact that we are being forced to pay for a healthcare program.
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lumberjack_jeff Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-01-11 05:45 PM
Response to Reply #3
8. Then call the penalty which enforces the mandate "a tax".
problem solved.
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du_da Donating Member (239 posts) Send PM | Profile | Ignore Tue Feb-01-11 05:53 PM
Response to Reply #8
9. Two problems with that
first it would have to be restructured as to when it applies and how those to whom it does not apply get their tax deduction/rebate. Doing that means getting the Republican held HoR to vote it through. Secondly, the politicians in general do not seem willing to put their votes on the line for something that can be advertised as a tax increase by their upcoming opponents. This is tragic, we need these politicians to let the people know where they really stand and be willing and able to justify it in plain straight forward language.
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TheWraith Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-01-11 05:05 PM
Response to Original message
2. Yes, but not for a typo. nt
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Xenotime Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-01-11 05:10 PM
Response to Reply #2
4. Bummer. [pout]
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AngryAmish Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-01-11 05:31 PM
Response to Original message
6. This is the stupidest thing I have heard in a long time
If I murder someone and they mispronounce my name at sentencing do I go free?
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cherokeeprogressive Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-01-11 05:38 PM
Response to Original message
7. Article 1, Section 8, Clause 3 n/t
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pnwmom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-01-11 06:27 PM
Response to Original message
10. Certainly. It's going to the Supreme Court because it's in conflict
with two other Federal Court rulings. The Supreme Court will come down on one side and overrule the other.
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