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Third Federal Judge OKs Affordable Care Act
By Andrew Cohen - Politics DailyA federal trial judge in Washington, D.C., Tuesday bluntly rejected the latest legal challenge to the Patient Protection and Affordable Care Act, ruling that the "individual mandate" requirement in the new federal health care law was a legitimate exercise of congressional power to regulate the nation's health insurance initiatives. U.S. District Judge Gladys Kessler, a 1994 appointee of President Bill Clinton, declared that Congress had the authority under the Commerce Clause of the Constitution to enact the contentious 2010 law, which requires individuals to purchase health insurance ...
Health Care Scorecard: Two Federal Judges for the Law, Two Against
By Andrew Cohen - Politics DailyTen months after its historic passage, four federal trial judges have evaluated the Patient Protection and Affordable Care Act of 2010. The two Republican appointees who have looked at the health care reform law have deemed it unconstitutional -- an unlawful overextension of congressional power. But the two Democratic appointees who have looked at the law have declared it constitutional -- a rational expression of Congress' authority to regulate a form of commerce. How could the same statutory language and legal precedent generate such disparate conclusions? The best likely explanation is the ...
Judge Throws Out Health Care Law, Calls Individual Mandate Unconstitutional
By Andrew Cohen - Politics DailyA federal judge in Florida voided the entirety of the nation's new health care law Monday, declaring that the Congress overstepped its constitutional authority last year when it mandated individual health insurance coverage by 2014. For the Obama administration, it was the second adverse ruling from the federal courts in just the past seven weeks and presaged a new round of legal appeals and political wrangling over the controversial health care initiative. In a 78-page ruling, U.S. District Judge Roger Vinson, a 1983 appointee of President Reagan from the Northern District of Florida, ...
Opinion: Can We All Be Drafted Into Health Care Reform War?
By not in system - AOL News(Dec. 16) -- Is it "necessary and proper" for Congress to draft every American into a nationwide health insurance pool? The Obama administration claims it is and will be making this argument in a Florida federal court Thursday after having lost its case in a separate federal court earlier this week. Most non-lawyer Americans must wonder how coercing citizens to buy health insurance could possibly be constitutional. Never before has the federal government claimed the power to force citizens to buy anything from a private party. If Congress can mandate the purchase of insurance, what prevents ...
Health Care and Same-Sex Marriage: Liberty for Me, but Not for Thee
By Andrew Cohen - Politics DailyThe e-mails came pouring into in-boxes throughout the world of journalism and politics and law Monday afternoon, celebratory messages from conservative groups and others opposed to the nation's new health care laws, and they all made the same essential point: U.S. District Judge Henry Hudson's ruling that day, striking down the "individual mandate provision" of what so many of them ignobly called "Obamacare," was a victory for "freedom" and "liberty." "Today is a great day for liberty," said Sen. Orrin Hatch (R-Utah). "Liberty requires limits on government, and today those limits have been ...
Judge Strikes Down Mandated Health Coverage; Supreme Court Review Expected
By Andrew Cohen - Politics DailyUsing language that echoes the lingering political debate over health care reform, and presaging a novel legal debate that now is virtually certain to end at the U.S. Supreme Court, a federal judge in Virginia Monday struck down as unconstitutional the controversial "individual mandate" provision of the nation's new law. "At its core," U.S. District Judge Henry Hudson wrote, "this dispute is not simply about regulating the business of insurance -- or crafting a scheme of universal health insurance coverage -- it's about an individual's right to choose to participate." Hudson, a 2002 ...
Key Provision of Health Care Law Unconstitutional, Federal Judge Rules
By Christopher Weber - Politics DailyIn a major blow to the White House, a federal judge in Virginia ruled Monday that a key provision of the new national health care reform law is unconstitutional. U.S. District Court Judge Henry Hudson said that forcing individuals to purchase health insurance was in violation of the Constitution's "commerce clause," The Washington Post reported. The courts cannot enforce the law's requirement that Americans be fined if they don't have health insurance by 2014, the judge said in a 42-page opinion. "Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce ...
Tea Party Pushes Amendment to Veto Congress
By Andrea Stone - AOL News
ANALYSIS WASHINGTON (Dec. 1) -- First there were angry town hall meetings and rallies. Then a voter wave that elected dozens of tea party Republicans to Congress. And now, as conservatives vow to teach Washington what the framers really had in mind, comes a proposal to amend the U.S. Constitution to give the states unprecedented power over the federal government. The "repeal amendment," introduced Tuesday by Rep. Rob Bishop, R-Utah, with the backing of conservative lawmakers from 10 states, is aimed at checking what they see as a federal government that has run amok. Supporters say the ...
Opinion: Health Care Suit Tests Basic Principles
By not in system - AOL News(Sept. 14) -- As arguments begin Tuesday in a Florida District Court where 20 state attorneys general and the National Federation of Independent Business are challenging the constitutionality of the health care law, the American people can be forgiven for feeling a bit ill at ease about the direction their country is going. James Madison would feel the same way. Madison's vision of limited government was integral to the creation of the U.S. Constitution and its ratification, and he thought the limited nature of the federal government was so clear from the text of the Constitution itself that ...
Elena Kagan Shared Little in Hearings; Senators Shared All They Could
By Andrew Cohen - Politics DailyDuring his prime-time special a few weeks ago, it took the narcissistic basketball star Lebron James about half an hour to tell the world what it already knew. Things being as windy as they are on Capitol Hill, it took the Senate Judiciary Committee more than two hours longer to do likewise on Tuesday when the panel, as expected, endorsed the Supreme Court nomination of Elena Kagan and sent it along to the floor of the Senate. The outcome, as the sportscasters still say, was never in doubt. The nominee slipped through the committee like a ghost, casting few shadows, while all around her on the ...
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