oy vey... looks like that judge who ruled the law 'unconstitutional' gets alot of things wrong.. history for one, laws for the other... but he fulfilled his tea-party duty I guess..
http://wonkroom.thinkprogress.org/2011/02/03/vinson-40-errors/ In the accompanying interactive examination of Vinson’s opinion, we show how he effectively writes an entire provision of the Constitution out of the document. How he butchers history, thumbs his nose at binding Supreme Court precedent, and relies on a constitutional theory that George Washington would find shocking. As we explain, even conservative legal scholars have questioned Vinson’s reasoning. And he wholly misunderstands health care and how it works.
We also explain that one section of Vinson’s opinion was lifted from a brief filed by an organization that has been labeled a hate group. And when Vinson somehow concludes that the Boston Tea Party renders the Affordable Care Act unconstitutional, we take apart that argument, too.
As an example of the kind of downright sloppy errors that are pervasive in Vinson’s opinion, the judge at one point in the opinion makes the implausible claim that “[t]t was not until 1887, one hundred years after ratification, that Congress first exercised its power to affirmatively and positively regulate commerce among the states.” This is a truly remarkable claim — and one that Vinson cites no authority to support — but it also took me exactly 10 minutes with LexisNexis to prove Vinson wrong:
Vinson is wrong: George Washington signed a law regulating interstate commerce.
The first Congress passed, and President Washington signed, “An act for registering and clearing vessels, regulating the coasting trade, and for other purposes,” which required the owners of U.S. ships to register their vessels and even contained special rules governing ships traveling from Baltimore to Philadelphia. [“An Act for Registering and Clearing Vessels, Regulating the Coasting Trade, and for other purposes,” Wikisource.”]
and hey, if a conservative judge can't use propaganda from a 'hate group' then what good are hate groups?
I mean forget about the liberals view of this.. Reagan's own people are saying this judge is flawed..
http://thinkprogress.org/2011/02/02/fried-aca/ I am quite sure that the health care mandate is constitutional. … My authorities are not recent. They go back to John Marshall, who sat in the Virginia legislature at the time they ratified the Constitution, and who, in 1824, in Gibbons v. Ogden, said, regarding Congress’ Commerce power, “what is this power? It is the power to regulate. That is—to proscribe the rule by which commerce is governed.” To my mind, that is the end of the story of the constitutional basis for the mandate.
The mandate is a rule—more accurately, “part of a system of rules by which commerce is to be governed,” to quote Chief Justice Marshall. And if that weren’t enough for you—though it is enough for me—you go back to Marshall in 1819, in McCulloch v. Maryland, where he said “the powers given to the government imply the ordinary means of execution. The government which has the right to do an act”—surely, to regulate health insurance—“and has imposed on it the duty of performing that act, must, according to the dictates of reason, be allowed to select the means.” And that is the Necessary and Proper Clause. [...]
I think that one thing about Judge Vinson’s opinion, where he said that if we strike down the mandate everything else goes, shows as well as anything could that the mandate is necessary to the accomplishment of the regulation of health insurance.
and he doesn't even like the law..
well like I said, it will go to the supremes.. and if they strike it and all of the people who have benefited from the law are canceled and billed for services... then we'll really see the fun start. I can't wait for the GOP to bill all those seniors $250 for what they received 'unconstitutionally' from this law that helped them with the GOP-made donut-hole in the 1st place..but even that won't be as good as the deaths caused by the cancellation of benefits to those with pre-existing conditions...
pandora, meet the Republican party.. they would like to play with your box..
