31 January 2011

Reagan Appointed Judge Rules Entire Healthcare Law Unconstitutional

It was such a good idea for some moron to leave out a severability clause from the bill, huh?
A second federal judge ruled on Monday that it was unconstitutional for Congress to enact a health care law that required Americans to obtain commercial insurance, evening the score at 2 to 2 in the lower courts as conflicting opinions begin their path to the Supreme Court.

But unlike a Virginia judge in December, Judge Roger Vinson of Federal District Court in Pensacola, Fla., concluded that the insurance requirement was so “inextricably bound” to other provisions of the Affordable Care Act that its unconstitutionality required the invalidation of the entire law.

“The act, like a defectively designed watch, needs to be redesigned and reconstructed by the watchmaker,” Judge Vinson wrote.

The judge declined to immediately enjoin, or suspend, the law pending appeals, a process that could last two years. But he wrote that the federal government should adhere to his declaratory judgment as the functional equivalent of an injunction. That left confusion about how the ruling might be interpreted in the 26 states that are parties to the legal challenge.
And here is the money quote, which has since been removed from the online article:
The Florida plaintiffs ensured they would draw a Republican-appointed judge by filing the lawsuit in Pensacola.
I believe that the operative phrase here is, "Forum shopping for an activist judge."

It's all going to be down to Anthony Kennedy, because the other 4 reactionaries on the court are hyper-politicized assholes who have already made their mind based on partisan considerations.

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