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| Name: |
Barneget
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| Subject: |
VA Judge declares HC Law UNCONSTITUTIONAL.
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Date:
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12/13/2010 12:57:51 PM
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In a stunning defeat for President Obama, a Virginia judge has declared parts of the Health Care Reform bill to be unconstitutional.
URL: Virginia Judge HC Ruling
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| Name: |
comrade
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| Subject: |
VA Judge declares HC Law UNCONSTITUTIONAL.
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Date:
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12/13/2010 1:23:06 PM
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I'm sure Rahm Emanuel took this potential into account, and the pre-constructed stop-gaps will be triggered. The main one, of course being the plodding pace of the American court system..........
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| Name: |
GoneFishin
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| Subject: |
VA Judge declares HC Law UNCONSTITUTIONAL.
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Date:
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12/13/2010 6:43:23 PM
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For those with pre existing conditions it is important to understand that Judge Hudson limited his ruling to striking down the so-called individual mandate, leaving intact other portions of the law — something supporters cast as a victory. However as I previously posted, administration officials and outside analysts agree that important provisions of the legislation could not go forward without the requirement for everyone to be insured. That's because insurers need to have large pools of healthy people, who are cheap to insure, or it is not financially tenable for them to extend coverage to anyone with a pre-existing condition or guarantee certain policies to nearly all comers.
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| Name: |
MartiniMan
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One problem with your analysis GF
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Date:
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12/13/2010 11:53:28 PM
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What is interesting about the legislation, and a direct result of the nefarious way it was passed, is it is missing an incredibly important clause contained in all laws. Most legislation includes a provision that states that if any portion of the law is struck down all remaining provisions maintain their full effect. This language is not in the legislation because what was passed was preliminary and they anticipated the final language would include this provision.
What this means in effect is that if any portion of the law is struck down (by the Supreme Court) then the entire law is vacated.
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| Name: |
Talullahhound
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| Subject: |
VA Judge declares HC Law UNCONSTITUTIONAL.
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Date:
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12/14/2010 6:38:03 AM
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It's a bad bill. They need to scrap the entire thing and start again. I'm in favor of health care reform, but this has been a disaster from the very beginning.
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| Name: |
MartiniMan
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| Subject: |
Agree!
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Date:
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12/14/2010 11:35:12 AM
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Hound, you are exactly right. There is hope that the Supreme Court will strike down the mandate and if they do, legally the entire bill is struck down. However, as we saw with the administration ignoring bankruptcy law with the GM deal they don't seem to let themselves get bogged down is the law when they want to do something, especially if it entails rewarding a favored constituency like the unions.
What really, really bugs me is all the waivers they are giving to those politically connected. Especially since many of them, like the unions, spent millions to support this awful piece of legislation. One wonders if they were told they would be granted a waiver in exchange for their support.....that is something Issa (I think it will fall under his committee) needs to examine next year when the GOP controls the House.
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| Name: |
GoneFishin
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| Subject: |
Disagree
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Date:
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12/14/2010 7:44:54 PM
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To suggest that the waivers are going to politically connected groups is incorrect. As of Dec 3, 222 groups covereing 1.5 million people have been granted waivers. Some as small as Martini and Co. May I suggest you file for a waiver for your Company?
http://www.hhs.gov/ociio/regulations/approved_applications_for_waiver.html
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| Name: |
MartiniMan
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Of course you do....
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Date:
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12/14/2010 11:19:02 PM
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If I said the sun rises in the east and sets in the west you, as an official left wing nut, would disagree with me. But frankly I am unconvinced. You list some obscure company is if that proves anything. How do you know they don't have a political connection? More importantly, even if 10 or 20 or 30 of those getting the waiver don't, which I seriously doubt, the vast majority do which more than proves my point.
Gee GF, as a left wing nut I thought you of anyone would abhor unequal protection under the law but apparently not. You like the idea of 200+ firms being exempt from the this monstrosity of a law that is going down in flames along with the rest of Obama/Reid/Pelosi's socialist agenda.
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| Name: |
comrade
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Disagree
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Date:
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12/14/2010 11:19:11 PM
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But you miss the point - that being: if the law is so oppressive that some groups should be excluded, then it should not be applied to any group.
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