Washington (CNN) - A federal judge in Florida has ruled unconstitutional the sweeping health care reform law championed by President Barack Obama, setting up what is likely to be a contentious Supreme Court challenge over the legislation in coming months.
Monday's sweeping ruling came in the most closely watched of the two dozen separate challenges to the law. Florida along with 25 states had filed a lawsuit last spring, seeking to dismiss a law critics had labeled "Obamacare."
FULL STORY
From CNN Politics
© 2011 Cable News Network. Turner Broadcasting System, Inc. All Rights Reserved.
| Advertising practices | Advertise with us | About us | Contact us | Work for us | Help
Oh BABY!!!!!!!! Great news for the taxpayers. Sorry, boys go to work and pay your own way.
Looks like another republican leaning judge tries to interfee with administration. These guys should be told they are not to interfere with legislative issues and pass judgements.
explain the difference between requiring car insurance versus health insurance. I can't drive a car, licensing, without insurance why is that not unconstitutional.
This was hardly unexpected. This Judge was hand picked by the right to hear the case. His decision was a foregone conclusion.
The Judge in Virginia was also hand picked.
Current score: 14 suits dismissed
2 suits found FOR Health Care
2 suits decided AGAINST Health Care.
why does it matter? the administraiton will jsut appealing and appealing and appealing until they get the result/judge they want. See Gulf oil drilling moratorium for reference
If more than half the states oppose it, it should be gone! Pelosi's ego brought this upon us.
This would Red State!
some states say it is, some say it isn't (constituional), it's nothing more than a campaining platform for those running and is nothing but rhetoric, just as abortion has been since 1973. I see a public option coming in the near future.
would it have been constitutional if they kept the public option?
Okay, I need some healthcare, I haven't been to a dentist since I was in the 8th grade, now I am a 3rd year PhD student.
Lets have the public option as the "mandate" looks to be in trouble. That`s the only true fair approach for those unable to get health care as it now stands.
What a poorly written headline! This just means it is going to the Supreme Court – along way from fully enacted and a long way from "struck down." CNN – you do your readers a disservice.
Here we go again with this stupid conservative crap again.Why when you drive you have to have mandatory insurance???
Obama's Legacy...FAIL.
Of course unlike any other civilized county in the US the insurance companies run our health care. Because emergency rooms by law have to serve the uninsured when someone comes in and an x-ray or other diagnostic procedure a performed it can cost $5,000. We pay for that. The only real reform is a single payer system.
If one has enough money one can always buy a Judge. United Health Care, Cigna, Humanna all have butt loads of cash.
I can understand for the life of me why its okay to mandate we pay car insurance to drive, but its unconstitional for us to pay for lower health insurance. Maybe we should go ahead and just strike that provision, and make it so that should you decide you want health insurance you will have to wait 6 months before gaining access to the plan when you suddenly need it. This way all the taxpayers who opted in before they became sick or injured do not have to pay for your health care.
Thank GOD!!!!
I wonder how the Court dealt with “An Act for the Relief of Sick and Disabled Seamen,” passed by Congress and signed by the President, which socialized medicine and mandated health insurance – in 1798. Many members of that Congress, and President John Adams, were founding fathers; no arguing about what their intentions were.
One guess he or she is a hard core conservative who would give the right for his buyer to have slaves again he they so deemed it.
Thank god someone stepped up and said no to this bill.
The constitution won today!!!
A BUSH-APPOINTED judge strikes down parts of health care reform.
There CNN, I fixed your headline for you.
And so it begins...and whod'uv thunk it...the south deciding what is and is not constitutional? Kind of like the southern states thought that SLAVERY was okay and used the constitution to justify it...could it be the beginning of the second seccession? I say let 'em go...see how long they last when all they have left is bitter infighting and back woods justice to solve their prolbems. Before anyone accuses me of "race baiting, and just for the record, I am a mid-40's caucasian legal professional living in the SW desert.
Health care for more, less profit to insurance companies YES. Mandating purchase NO. Let's find some common sense in government and solve some problems.
it would be nice to know which federal judge??
It would be more creditable if were not a Florida judge. We have a pretty sorry group of republican appointees in our court sytem.
mandating car insurance is illegal too....it is not a privilege...driving is necessity in any industrialized nation...wake up....judge does not have brain....that kind of suo-motto is null and void...o.k. law is intended in good-faith..it is political than judiciary now in this nation...does this judge provide health insurance to all dying young in USA lacking insurance?????what a nonsense, this judiciary system....political corruption with selfish thoughts......
The Healthcare Reform Bill is well intentioned, but it has problems. Even though the bill focuses on a political over-reach of Federal authority the real issue is the over-reach of Federal skill or operational ability. To create effective operations focused on a goal requires a good coach. A seasoned professional empowered to move, people, processes and technology around to the benefit of the goal. In this case the refrees, or rule makers have decided that they know the game best and can change the outcome by rewriting the rules...
In short legislators need to remain legislators and empower the good parts of the healthcare industry to make things better, penalizing the bad...
Congratulation to everyone in Florida! You no longer have any legal obligation to buy Car insurance, Renter Insurance, Home Owners insurance or quite frankly any service the government has ever forced you to pay for. You don't have to pay for trash pick up or for water treatment or for public schools. Florida state federal judges have just declared that the government is not aloud to make you to pay for anything you do not want.
Ouch...and the first round goes to the People.
Great news ......A federal judge in Florida has struck down as unconstitutional key parts of the sweeping health care reform bill.
I am sure that the new health law needs revision and changes but I do hope republicans do not kill the idea that all US citizens deserve good medical care.
Even though i like alot of the effort behind the health care reform, I must say that you can not force people to be insured.
We do thing voluntary in this country and when we start making things like health insurance mandatory, we go down road
that is unconsitutional.
The only insurance that should be mandated is auto insurance. When did the great US of A become a country of Dictatorship. What about the families who work for Big corporations like Walmart who pay next to nothing and the families cannot afford insurance which mean having insurance our food for their family. It is about time that someone stands up. More need to.
Obama is unconstitutional.
Whats funny is most Americans still don't realize their premiums will be taxed increasingly over the next five years to pay for it:)
I do not work and can barely get unemployment. When I worked last, I could not afford health care or medicine. I go to the county clinic now and I have to wait three months to see a doctor.
If you cant mandate that people have health insurance – then you cant mandate that Emergency Rooms provide health care.
Simply put – we already fund health care in the most expensive way possible. We mandate that if someone is isck and they come into an ER, then they have to be treated and 'stabilized' regardless of coverage. So if you have no health insurance, rather than going to your Dr. for a checkup, and getting some antibiotics, you'll instead let an illness fester until it reaches emergency proportions, and go to the ER. There you'll be treated and stabilized free of charge (cause you cant pay anyway) and the rest of us foot the bill. You're welcome.
Now how about some REAL health care reform, Washington??
does this mean a law requiring me to buy auto insurance is unconstitutional?
States can mandate these kinds of purchases, The federal Gov can not. No Auto insurance is nowhere near the same thing. I do not have to buy a car or Auto insurance.
allllllllllll right. One more nail in the obama care coffin.
Please consider the three other Federal Judges who have upheld the mandate as constitutional (Virginia, Michigan and California). You are required to purchase car insurance to drive and I have not seen anyone challenging the constitutionality of that. There are no enforcable penalties for those who choose not to purchase insurance and just decide to mooch from the rest of us when they get hit by that bus and spend two months in ICU or when they fall down their steps and break their hip and can't pay the thousands of dollars it will cost to heal. You know that when crunch time comes and those uninsured people need medical care they will walk into the ER (or be carried in) – and this adds thousands of dollars to the cost of treatment.
It works extremely efficiently in japan...we should implement it here. Individual mandate is good.
Democrat VS Republican 2-2 Now is up to the Supreme Court to break the tie score in overtime to 6-5, the question is who is going to be the winner? Republicans, Democrats or the American people
Constitution 1 Barry 0
This ruling is ridiculous in light of the fact the federal government requires almost all Americans to pay into Social Security and Medicare insurance programs, a requirement that is constitutional and legally proper. How is the health insurance mandate in the Obama reform plan any different from that of social insurance? The healthcare law is constitutional since it is consonant with the general welfare promotion provision of the US constitution. Furthermore, the Constitution allows the federal government to enact and enforce laws that are neccessary and proper in order to execute and promote its constitutionally required duties–heathcare laws being one of them.
Put that in your pipe and smoke it Nancy.
The civil war is re ignited. South v. North on the subject of...............HEALTH CARE????
Am I missing something?
If people are not required to buy insurance, then I, as a taxpayer, should not be required to pay for their healthcare services (for example, in the emergency room) – repeal EMTALA as well.
Time to start reversing the individual mandate requirements for auto liability insurance state by state now...wink, wink
Shame on that judge, GOP/Tea idiots and republicans jerks.
Democrat VS Republican 2-2 Now is up to the Supreme Court to break the tie score in overtime to 5-4, the question is who is going to be the winner? Republicans, Democrats or the American people
Of course, a lot of judges are "conservative", meaning that like the Kock brothers and other Republicans, they don't care about me and the mediun class America. Shame on him!!!
what about people who can not afford health insurance in that 4 years
ObamaCare is unconstitutional? Only a moron would be suprised by this bit of news.
Why is it not an infringement on yourconstitution to have a law that mandates all motorists purchase MV insurance? Don't tell me it is not relevant to the conversation on health care. The American taxpayers deserve the same financial protection afforded accident victims in the case of a crash. Hell, have bodily PL/PD as a basic requirement if you feel you are impervious to the myriad of other health crises that suck the American economy dry. Travelling down the road of life is a lot more dangerous than a Sunday drive. Your American dream is a dark one when the condition of your SUV's trumps the condition of life and limb.
I am not worried. That was a politial move in Florida.
The USA needs Healthcare reform.
How many have to suffer so the wealthy can profit?
YEAH MAN! Waht are we Demorcratic are under a Dictatorrship led by fools./ This Obamacar benefits no one but the ones who do not pay taxes to begin with.
DAMN RIGHT it is unconstitutional! The best news this country has had in a long time. If the federal government could get away this this Obomination, it could have done ANYTHING to people. We would have essentially been rendered slaves of the state. All this from a black president and his leftist cohorts that praise freedom, yet legislate to destroy it and make every citizen a ward of the state.
Wow..that is interesting.. becasue in Maryland it is mandatory to have drivers insurance when you drive a car or we get fined. Grant it you cant own a care if you don't have insurance but it is still mandated. I don't understand if we have all of these uninsured folks including illegals and they go to the hospital for care why is it alright for the rest of us to pay for thier medical expenses which you know we are paying for in taxes or medicare, etc. If you mandate health insurance wouldnt we be assured of minimizing the expesnse to hospital care, medicare, etc. in the long run even minimizing state taxes as well. I say if you cant afford health insurance then dont go to the doctor at all or pay for what you can afford and suppliment what you cant via some other resource. it has to be less expensive thatn what is going on. There are over 365,000 babies born to illegal immigrants every year in california alone and we are paying for these babies via medicare what in the world are we doing. Factor $10K per child born here that we are paying for via Medicar no wonder california is broke. The american people want affordable health care while it is not a perfect bill it at least was something.
I consider this good news. There were many things wrong with "Obamacare" – and those can be fixed with a replacement bill. Long as the next one has portability, interstate competition, pre-existing illness exemptions and tort reform in it you may be surprised to see the American public back it.
But to turn the entire industry upside down to provide insurance for a handful of people (not to be confused with those who DON'T want insurance) is crazy.
I bet that judge is a republican
how about reporting what the parts are that were struck down by this judge.
if its unconstitutional too make me buy health care,does that mean my state can;t make me buy car insurance ???
That should NOT be an issue (since all rulings of every and all judges in the US are deemed impartial until proved otherwise) but, thanks to the only judge before him who made a similar ruling, does this judge have any ties to any group that was against the ACA even before it was turned into law?
If not, then it's a ruling to be respected until a higher instance decides (or not) to overturn it.
If yes...
Why are all these people wasting tax payers money trying to stop something they know that is not going to happen. It is odd that these same states are cutting their own healthcare benefits in their states, which leaves more people uninsured. Who are going to pay those bills for the uninsured. The ones who have premiums that they are paying every month from their own premiums.
By the time this get to the high courts if it get there, people will be enjoying all the benefits and be happy that those who can afford the premiums will be paying them. The republicans and teaparties convince people that it is okay not to make people pay for it because it goes against their rights. But not one time have they said that it goes against the rights of those who pay for insurance not to pay for those who are irresponsible. I guess the rights of paying insurance people are zero we just have to like it and accept it that it is our reponsibilty to protect the rights of those who are irresponsible. That seems a little backward to me. But I guess those who are too afraid to speak up should have to continue to pay high premiums every year for those who don't want to purchase insurance. Noneed to cry or holler if it comes true, open your eyes and look around and see what is going on.
What else would you expect from a conservative judge from Florida nominated by Ronald Wilson Reagan? Republicans want the poor to "die quickly." Rep. Grayson hit the nail on the head when he made that comment last year on the House floor.
Most of the opposition against Health Care reform originated from a pack of lies created by public relation and advertising firms hired to develop a plan to defeat it. "Death panels for Grandma,", "illegal aliens will get free health care" . "Health care rationing", "fines and jail if you don't purchase insurance" "the medical community opposes it". All of them lies. Every one of them. There are a lot more "lies" that were told about this legislature. All the while these lies were being told the Republican leadership (sic) smiled away and watched the gullible buy it hook line and sinker and dance in the streets like little puppets on string. Not one of them Bonehead, McDuffus, McClown, had the integrity or honesty to say to their constituents, these are lies, I oppose this legislation because.......No instead they sat back and laughed at you easily manipulated tools. They were getting what they wanted opposition to Obama and Health Care Reform, the truth doesn't matter. Just like running on reducing the deficit and balancing the budget. Republicans run on the same rhetoric every election. No president since Truman ever reduced the deficit or balanced the federal budget except one. He was not a republican. Clinton is the only one. But, you people keep voting for them based on the same story. You have to be a closed minded idiot to believe any of this crap republicans/conservatives spew. You can celebrate now. But in the end. This legislature will stand up to the opposition. It will be modified and ratified. But it is not going away. It is here to stay. Like it or not.
Another loser republican judge putting politics over what's good for the people of Florida.
When will this partisan crapola end?
Requiring Americans to buy health insurance sure seems like no big deal. But what is odd in the larger perspective is that this is a lousy bill that raises the cost of health care, pushed through congress with political payola and backroom deals and the American Federal Government has no way to pay for it all... and the individual mandate is what may bring the whole mess down. If this is not ironic enough, Obama is supposed to have taught Constitutional Law. This is precious.
That was to be expected.
This judge needs to read the Constitution – in particular, the part about government providing for the "general welfare" of its people and Congress' power to collect taxes.
You should be denied care if you don't purchase some sort of insurance by then. Not be forced to buy it. If you receive care then you should then billed or forced to buy in. I go to a hospital about once every 10 and I am 40. 200+ dollars a month is not for me. It just makes the coverage denying companies filthy rich. Prices are too high because GOP is getting too much money from these crooks. Cover my sickness or give me ALL the money back.
This is after all the happiest day of the year!!!!!
I notice the article did not include, "What many feel was pushed down their throats, the very unpopular law that a majority did not want, was struck down today."
So now we wait for the supreme court. This will lessen the workload for the House to bring our out of control spending into check. What socialists do not understand is that piece of paper that as written a couple of centuries ago is the cornerstone of law here in the United States. The federal government is usurping powers that the states gave them, in a limited way. Maybe they will now get the hint of what we told them before ramming this piece of garbage legislation through. Most of the ones that did this are gone, (Good riddance Fiengold and Kagen) and more will be on the way out in less than 2 years.
Didn't need Reid afterall.
All those who believe that being required to carry insurance is unconstitutional – just like you have to when you own a car – will simply have to carry ID with them at all times stating that they've opted out.
So that when they get sick or are in an accident, the doctors can decide whether to treat them. You know, since you won't have coverage, you might not be able to pay and since all you folks against health care reform need to care more about money than people, you need to start walking your talk and taking the consequences.
Great news. Either get rid of it through legal means or strip it clean of funding. Just get rid of that Pig – Obamacare. We can't afford it and everyone knows it. The idea that it would ever save us money is the laugh in itself.
No surprise here just COMMON SENSE.
Of course the judge struck this down. Only a complete idiot couldn't see that it was unconstitutional.
When you drive a car, you can impact others in an adverse way, including killing them, when you don't have health insurance, you pay the health service you go to directly for services for you. If you don't understand that, you should not be driving, nor complaining here.
Socialists stink.
Cyn wrote: explain the difference between requiring car insurance versus health insurance. I can't drive a car, licensing, without insurance why is that not unconstitutional.
Driving is a privilege. You have no Constitutional right to drive. Living is a right. You have a Constitutional right to live.
Where was our right when that Alzheimer Reagan forced us to pay who ever is showing up in emergency room?
From now on, if we are to have republican President ever, we will not compromise. These Tea idiots and Republican party should not get any support from us...........
Are we going to let the rethugs take our healthcare away? time to take to the streets America!
CYN:
Because car insurance is not mandatory.
If anyone wants to drive should have insurance and if anyone wants breath must have a insurance, period..........
Thank you judge!! I am unemployed and having a hard time paying rent. Tell me how the government expects me to purchase insurance or suffer the consequence by being fined? Working class people always get the shaft! For example: crackhead gets beaten for stealing, ends up a quadriplegic, recieves medicare AND medicaid AND $1500.00 a month, AND in-home healthcare that costs an additional $ 3,000.00 a month, whom NEVER PAID A DIME IN TAXES!!!!!!! Forgot to mention food stamps, section 8 housing. What's wrong with this country for tearing down the hard working people who have contributed????
The Obama presidency is dead and stinkin. You can write it down. The guy is a one-hit wonder.
IF......IF.......IF YOU WANT TO DRIVE A CAR YOU HAVE TO HAVE INSURANCE. IF YOU RIDE A BUS EVERYDAY YOU DONT NEED INSURANCE. WHAT DONT PEOPLE DONT UNDERSTAND ABOUT THIS. if you really think that these two are the same thing then what you are saying is that if you dont have health insurance then you are not entitled to health care. and you really think that is better than it is now. that is a huge step backwards.
The federal government makes no law requiring auto insurance! What's wrong with you people??
I think the FL judge threw the entire 2000 bill out, based on his interpretation of the 'mandate.' He obviously has not attended one of Scalia's constitutional classes for baggers.
Sara,
You are so nice. Glad you got the message from Prez. Obama about being civil.
Car insurance laws are STATE laws!!!!!
Thank god there is still common sense judges in US, every other judge is a society driven idiot. Especially them morons in the 9th circuit.
The US Constitution as it applies to the Federal Government does not allow such mandates...
The State Constitutions, on the other hand, usually do have this power, in the instance of making you pay for auto insurance.
But, maybe if EVERYONE had insurance, it would spread the cost and premiums would come down because we wouldn't be paying for uninsured people. What a novel idea! Oh, wait. Isn't that what the HCB is trying to accomplish? I for one am sick of the ever increasing rates the insurance companies have been shoving down our throats for the past 11 years. Now, if we could only get rid of the CEO overhead costs (millions in salaries and bonuses), we could save a lot more.