Monday, December 27, 2010

Georgia is one of the 20 states that have asked U.S.District Judge Roger Vinson to issue a Summary Judgement against Obama's Massive Health Care Bill.


Georgia is one of the 20 states that have asked  U.S.District Judge Roger Vinson to issue a Summary Judgement against Obama's Massive Health Care Bill.

  RICHMOND, Va. — A federal judge declared the foundation of President Barack Obama’s health care law unconstitutional Monday, ruling that the government cannot require Americans to purchase insurance. The case is expected to end up at the Supreme Court.
U.S. District Judge Henry E. Hudson wrote that no court had expanded the Commerce Clause of the Constitution to allow the government to
regulate a person’s decision not to buy a product.
Georgia Representative,Phil Gingrey,Republican from Marietta,also a doctor by trade, believes that Judge Hudson's ruling is a "Massive Victory".
Gingrey goes on to say, “Forcing every American to purchase government-approved health insurance robs Americans of
their most basic right under our constitution — liberty,” he said. “As a physician with nearly 30 years experience and having delivered over 5,200
babies, I know how important access to health care is for all Americans. As a citizen of this country, I also know how imperative it is that we never give up on protecting our constitution for future generations.”
PENSACOLA, Fla. (AP) — Attorneys for 20 states fighting the new federal health care law told a judge Thursday it will expand the government's powers in dangerous and unintended ways.
The states want U.S. District Judge Roger Vinson to issue a summary judgment throwing out the health care law without a full trial. They argue it violates people's rights by forcing them to buy health insurance by 2014 or face penalties.
"The act would leave more constitutional damage in its wake than any other statute in our history," David Rivkin, an attorney for the states, told Vinson.
President Barack Obama's administration counters that Americans should not have a choice of opting out of the overhaul because everyone requires medical care.
In a separate case, U.S. District Judge Henry E. Hudson earlier this week became the first federal judge to strike down a key portion of the law when he sided with the state of Virginia and ruled the insurance requirement unconstitutional. That case is likely to go to the U.S. Supreme Court. Two other federal judges have upheld the insurance requirement.
In Florida, Vinson questioned how the government could halt the massive changes to the nation's health care system that have already begun. Rivkin told him the constitutional violations are more important.
Attorneys for the Obama administration want Vinson to issue a summary judgment on their behalf, arguing the states don't have standing to challenge the law.
The lawsuits will almost certainly be decided eventually by the U.S. Supreme Court.
Vinson, who was appointed to the bench almost 30 years ago by President Ronald Reagan, has said he won't rule immediately in the Florida case.
The other states involved in the lawsuit are Alabama, Alaska, Arizona, Colorado, Georgia, Indiana, Idaho, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington.
Senate Democrats failed in their attempt to fund Obama Care last week when their Omnibus Bill wasn't passed in Congress last week.
 Senate Democrats have filed a $1.1 trillion omnibus spending bill that would fund the government through fiscal year 2011, according to Senate GOP sources.
The 1,924-page bill includes funding to implement the sweeping healthcare reform bill Congress passed earlier this year as well as additional funds for Internal Revenue Service agents, according to a senior GOP aide familiar with the legislation. 
Bolton, Alexander (2010-12-14). Senate Dems unveil $1.1T spending bill.The Hill. Retrieved on 2010-12-15.

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