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New health-care law constitutional, federal judge rules

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DearAbby Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 12:24 AM
Original message
New health-care law constitutional, federal judge rules
A federal judge in Michigan ruled Thursday that the new health-care overhaul law is constitutional, rejecting an argument that Congress lacked the power to create the legislation's "individual mandate," which requires virtually all Americans to purchase health insurance.

Other federal courts have already dismissed some challenges to the law on technical grounds - ruling, for instance, that the plaintiffs lacked standing. However, the decision issued Thursday by Judge George Caram Steeh of the Eastern District of Michigan is the first to reject a claim based on the merits, marking a notable victory for the Obama administration.

The plaintiffs, three people and the Thomas More Law Center, a nonprofit public interest law firm in Ann Arbor, had objected to being compelled to choose between buying health coverage that they do not want or paying a tax penalty that, they argued, would go into the nation's general fund and could end up paying for abortions.

They further argued that because the decision not to buy insurance is a form of inactivity rather than an economic activity, it is not covered by the clause of the Constitution that grants Congress the power to regulate interstate commerce.

More:

http://www.washingtonpost.com/wp-dyn/content/article/2010/10/07/AR2010100706497.html
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MisterP Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 12:47 AM
Response to Original message
1. yay mandates! oh, wait... nt
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Ozymanithrax Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 01:05 AM
Response to Original message
2. That is a real win for Obama and the American people. n/t
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customerserviceguy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 06:27 AM
Response to Original message
3. It just gets it one more step towards the Supreme Court
I don't see the makeup of that Court changing before this case gets there.
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DearAbby Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 08:00 AM
Response to Reply #3
5. And you think what?
The Right wing Judges will vote against a mandate to purchase health care from large bloated health care Insurance corporations?
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customerserviceguy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-09-10 04:44 PM
Response to Reply #5
9. I think that they will vote against a mandate
It undercuts the financing of the HCR, and destabilizes it.
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Gravel Democrat Donating Member (598 posts) Send PM | Profile | Ignore Fri Oct-08-10 06:31 AM
Response to Original message
4. No supporter of this mandate will have a problem when (R)s mandate the purchase of something
from a for profit company

I'm sure of it.

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Cal33 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 08:35 AM
Response to Reply #4
6. It's no longer strange that the small but rich minority always get
to win overy the majority, because the rich have the money to buy
and bribe their way through. As a recent poster here wrote: "it's
no longer left vs. right, it' corporations vs. you and me."
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DearAbby Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 08:54 AM
Response to Reply #6
7. Its always been
hidden under view, but its always been there. They are winning
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BlueIris Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 08:57 AM
Response to Original message
8. Just because it's legal for now doesn't make it acceptable.
This pathetic excuse for non-reform sickens me daily.
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