Oh crap. Here we go. Federal judge in Florida has struck down key parts of healthcare reform bill

[gauguin57]

Oh crap. Here we go.

http://politicalticker.blogs.cnn.com/2011/01/31/breaking-florida-judge-strikes-down-parts-of-health-care-reform/

(CNN) - A federal judge in Florida has struck down key parts of the sweeping health care reform bill championed by President Barack Obama as unconstitutional. Officials in Florida and 25 other states are challenging sections of the Patient Protection and Affordable Care Act, including the "individual mandate" requiring most American to purchase health insurance in four years, or face stiff penalties.

[barbiegeek]

1. What everyone on here seems to want to get rid of HCR anyway because it's not a public option

Isn't that what everyone says.

Don't get me wrong. I'm being snarky. I DON'T want to lose HCR, I have a disabled child.

[nadinbrzezinski]

2. there are days I wonder if it will be best for the US to really split

between those whio care about the people and those who don't...

Oh and I mean that, as the empire collapses, it might just happen... I have had this conversation with BIL... that perhaps this continental empire is too large and dysfunctional to effectively governm... with way too many subcultures that oppose each other. We have about five major subcultures...

[CLANG]

12. This could be a start

[Johonny]

20. wouldn't be much of a split

It would end up like east and west Germany. After while most would figure out where things were better and move, until the Rethugs put up the Ronald Reagan memorial wall I guess :)

[gauguin57]

3. More details from Slate ...

http://www.slate.com/blogs/blogs/weigel/archive/2011/01/31/florida-district-court-rules-against-health-care-reform.aspx

Health Care Reform Struck Down in Florida District Court
By David Weigel

The decision is out now, and Judge Roger Vinson has basically struck down the entire health care bill. I'll post the decision when I get it.
The money graf, in which Vinson strikes down the entire law -- which, because of the mess in the Senate and House, lacked severability:
Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications. At a time when there is virtually unanimous agreement that health care reform is needed in this country, it is hard to invalidate and strike down a statute titled "The Patient Protection and Affordable Care Act."

[tishaLA]

10. TPM was the first place I saw info about the severability mess

a few months ago. It's a shame we might lose all the good things in this bill because the house and senate crafted a bill badly.

[a kennedy]

4. I heard this judge was appointed by a repub......

faux news has been gearing up for this all afternoon.....ugh. He was appointed by Reagan....He was nominated to the federal bench by President Ronald Reagan on September 9, 1983 to a seat vacated by Lynn C. Higby, was confirmed by the Senate on October 4, and received his commission a day later. Among the notable cases he has presided over:
Four defendants of abortion clinic bombing, 1985<1>
Escambia County, Florida ordinance banning The Last Temptation of Christ, 1988<2>
Shoney's $134 million race discrimination settlement, 1993<3>
Paul Jennings Hill (federal Clinic Access Law charges), 1994<4>
Sentenced Financial Manager Marcus Schrenker, who attempted to fake his own death by parachuting out of his plane after charges were brought against him for securities fraud, to four years in federal prison in 2009.<5>

http://en.wikipedia.org/wiki/Roger_Vinson

[dkf]

5. Thought I saw that he invalidated the whole thing.

We need single payer anyway.

[leftygolfer]

6. That's what I thought.

Not parts of it...the whole thing. I'm stunned. What makes us non third-world again?

[Recovered Repug]

21. There was no severability clause in the bill.

If one part of the law is ruled unconstitutional, the whole thing can be tossed.

[dkf]

22. Ah. Thanks.

[librechik]

7. if we had the mandate AND a Public Option, there would be no problem, nobody forced to buy private

insurance. This was a poison pill the Republicans fought for & won. Can we leverage the gaffe into getting a public option? Not until we get the House back again.

[BzaDem]

11. Except... the decision had nothing to do with private products. It had to do with ANY products.

If we passed a public option tomorrow, the decision would come out EXACTLY the same way.

[no limit]

14. I dont really understand what you mean, are you suggesting the public option would be free?

I don't think any democrat would ever have the balls to propose any form of free healthcare for the general public.

[mcollins]

8. and the Admin will appeal. Nothing changes. nt

[Bonhomme Richard]

9. I don't get it. Insurance mandates were passed in 1798.

"Congress Passes Socialized Medicine and Mandates Health Insurance -In 1798"

"In July of 1798, Congress passed – and President John Adams signed - “An Act for the Relief of Sick and Disabled Seamen.” The law authorized the creation of a government operated marine hospital service and mandated that privately employed sailors be required to purchase health care insurance."
And in, of all places, Forbes Magazine
http://blogs.forbes.com/rickungar/2011/01/17/congress-passes-socialized-medicine-and-mandates-health-insurance-in-1798/

[no limit]

15. That bill did not force everyone to buy health insurance.

Just that private merchants buy insurance for their employees if they wanted to use US ports.

That bill was more comparable to having to buy car insurance than to the healthcare law which requires everyone in the country to buy health insurance. And frankly I'm glad the courts are finding that unconstitutional, because I think it is.

[SlimJimmy]

23. No they weren't. How many times on DU do we have to cover this?

[NutmegYankee]

24. do tell. nt

[no limit]

13. Maybe that means they will have to rework this pile of shit called healthcare reform

[Better Believe It]

16. Oh crap. That might mean we'll have to start over with a single payer system.

Boo hoo.

The big insurance companies won't like that!

[treestar]

17. LOL.

Republican Congress likely to pass that any day now.

[Better Believe It]

19. Well, A Democratic controlled Congress and White House opposed it so nothings changed.

[dkf]

18. The whole system needs more efficiency.

We can't do that unless we address everything.