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Current Events => The DUmpster => Topic started by: Godot showed up on August 03, 2010, 10:12:24 AM
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babylonsister (1000+ posts) Mon Aug-02-10 03:20 PM
Response to Original message
1. Memo to media: Health care judge has long GOP roots
Memo to media: Health care judge has long GOP roots
August 02, 2010 2:46 pm ET by Adam Shah
Virginia federal judge Henry Hudson has denied the federal government's request to dismiss the state of Virginia's lawsuit arguing that the health care reform law is unconstitutional. As bloggers who support and oppose the health care reform bill have noted, this does not mean that the judge will find the law unconstitutional in the end.
In covering Hudson's decision, it is important for media to note that legal experts from across the political spectrum have said that the health care law does not violate the Constitution.
Furthermore, media should note Hudson's longstanding ties to the Republican Party. As former Sen. George Allen stated when endorsing Hudson in front of the Senate Judiciary Committee, in 1979, Hudson ran as a Republican and won the race for Arlington County Commonwealth's Attorney. He was subsequently appointed U.S. Attorney for the Eastern District of Virginia by President Ronald Reagan; director of the U.S. Marshals Service by President George H.W. Bush; and to positions on three Virginia criminal justice boards by Allen -- when Allen was Virginia governor.
In addition, as reported by the Richmond Times Dispatch (via Nexis) former Republican Governor of Virginia Jim Gilmore appointed Hudson as a state court judge in 1998. Finally, President George W. Bush appointed Hudson to his current position as a federal judge in 2002.
more...
http://mediamatters.org/blog/201008020044
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Kweli4Real (286 posts) Mon Aug-02-10 04:49 PM
Response to Original message
2. Well, So Much For Republicans ...
lamenting "activist" judges.
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DCBob (1000+ posts) Mon Aug-02-10 05:44 PM
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3. Does not matter. This will go nowhere.
just make make lawyers richer.
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Jester Messiah (899 posts) Mon Aug-02-10 08:07 PM
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4. Can't tell you how proud I am to be a Virginian right now...
without using the concept of negative values, that is. God damn how I hate these douchetards.
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GOPNotForMe (1000+ posts) Mon Aug-02-10 10:01 PM
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5. Bad call. Should have been kicked for not being ripe or for lack of standing.
Many reasons to kick a case like this. Whatever. Bush appointee - I'm SHOCKED. Score one for Coochinelli or whatever that asshole in Virginia's name is.
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Raggz (119 posts) Tue Aug-03-10 01:03 AM
Response to Original message
6. Judge greenlights health reform suit
Source: Politico
In the first substantive legal ruling on President Barack Obama’s health care reform law, a federal judge has rejected the Justice Department’s request to dismiss a lawsuit from Virginia’s state government challenging the reform’s requirement that individuals purchase health insurance.
U.S. District Court Judge Henry. Hudson ruled that enough legal issues were in dispute in the case to allow the suit, brought by Virginia Attorney General Ken Cuccinelli, to go forward. At issue is whether the insurance mandate included in the reform exceeds the federal government’s authority under the Constitution — in particular, whether Congress’s ability to regulate commerce allows the federal government to penalize those who decline to buy or obtain health insurance.
The lawsuit is also based in part on a law passed in that state in March seeking to bar the federal government from imposing any mandate to purchase health insurance.
“Unquestionably, this regulation radically changes the landscape of health insurance coverage in America,†Hudson wrote in a 32-page decision filed Monday morning. “Never before has the Commerce Clause … been extended this far.â€
Read more: http://www.politico.com/news/stories/0810/40550.html
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This will test the commerce clause and perhaps break it...
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Gman (1000+ posts) Tue Aug-03-10 01:03 AM
Response to Reply #6
7. If the commerce clause goes
the dominoes will fall starting with civil rights.
Right off, and predictably--I mean it's EXACTLY what I expected to see--they attack the judge personally. Never mind that loathesome CLINTON appointee who ignored all precedent with regard to the AZ statute.
I think Gman's response is the best here. I just have to wonder what it's like in that head of his--what mental processes allow him to arrive at this insane equation? If the federal government can't use the commerce clause of the Constitution to regulate every single aspect of our lives and command us to engage in commerce, then "civil rights" are in danger? If he and the rest of us aren't penalized for not buying a product, and are not compelled to pay a fee for the privilege of simply existing, then next he'll be hauled off to the hoosegow for posting what passes for thoughts in that decaying sponge he calls a brain? Somehow I doubt he's concerned about his right to own a firearm.
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Just wait till this trash is found to be unconstitutional................assploding will commence!
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In covering Hudson's decision, it is important for media to note that legal experts from across the political spectrum have said that the health care law does not violate the Constitution.
Really? Who?
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Oh they hate the fine Commonwealth of Virginia today. With this decision and the fact that we have allowed our police to check the immigration status of those that they arrest. Our new administration has turned VA around in less time that it took for obama to screw things up.
We actually have a budget surplus right now.
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The DUmmies are truly psychotic. On the one hand they spend so much time and energy complaining about the Insurance Reform law that is Obamacare, but they hate any conservative challenge to the law. WTF? :mental:
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babylonsister (1000+ posts) Mon Aug-02-10 03:20 PM
Response to Original message
1. Memo to media: Health care Immigration judge has long Dem roots
Memo to media: Health care Immigration judge has long Dem roots
Fixed!
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Exactly, Thundley. They've been bitching and moaning about the big windfall the evil Insurance corporations have received, blah blah blah. I would have thought they'd be cheering.
AprilRazz, I'm a big fan of Virginia these days. I :heart: Virginia. I don't :heart: NY.
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Eep. Forgot to post DU link.
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x4488793
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Really? Who?
Top... Men...
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Top... Men...
:lmao:
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Oh...so NOW it matters who appointed the judge?
:whatever:
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hmmm. The bonfire did not spread beyond the material we have here.
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A lib law professor chimed in and compared it to Social Security and Medicare. If the gubmint can make us pay for them, then makin' us buy private insurance is the same!
Not!!!!!!!!!111 I'm bettin' Constitutional law is not his strong point!
I'm figurin' this is how they get to grandfather the single payer BS into it!
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A lib law professor chimed in and compared it to Social Security and Medicare. If the gubmint can make us pay for them, then makin' us buy private insurance is the same!
Not!!!!!!!!!111 I'm bettin' Constitutional law is not his strong point!
I'm figurin' this is how they get to grandfather the single payer BS into it!
Nor is substantive evaluation his strong suit.
How much social security and medicare tax you pay is pegged to your income. The penalty for not buying insurance per the mandate is not. It's a set fee--exactly like a parking ticket, speeding ticket, or any other fine for any other violation you care to mention, and exactly not like any tax you care to mention. In all ways that matter, it is a fine/penalty, not a tax.
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Nor is substantive evlauation his strong suit.
How much social security and medicare tax you pay is pegged to your income. The penalty for not buying insurance per the mandate is not. It's a set fee--exactly like a parking ticket, speeding ticket, or any other fine for any other violation you care to mention, and exactly not like any tax you care to mention. In all ways that matter, it is a fine/penalty, not a tax.
I'm sure he'll just fall back on IRS penalties in order to 'splain it! I bet he'd like to fine the judge in order to penalize him for goin' against Lord "BuanaWannaDoYa"!
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I'm sure he'll just fall back on IRS penalties in order to 'splain it! I bet he'd like to fine the judge in order to penalize him for goin' against Lord "BuanaWannaDoYa"!
That won't work; IRS penalties are still penalties for illegality, not taxes. He'd be admitting that they are exactly what they read on the statutory package--penalties. For not engaging in commerce.
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I can't wait to see what the DUmp monkeys will have to say about MO if Prop C passes tonight! :popcorn: