two judges have recently upheld the constitutionality of the healthcare plan

[spanone]

very little media about that.


Only two weeks earlier, Judge Norman K. Moon of Federal District Court in nearby Lynchburg, Va., found precisely the opposite. “Far from ‘inactivity,’ ” wrote Judge Moon, who was appointed by President Bill Clinton, “by choosing

to forgo insurance, plaintiffs are making an economic decision to try to pay for health care services later, out of pocket, rather than now, through the purchase of insurance.” A second Clinton-appointed judge has upheld the law as

well.

http://www.nytimes.com/2010/12/14/health/policy/14legal.html?hp

[rfranklin]

1. Yes, they are trumpeting this right wing activist's ruling....

while ignoring the others. wonder why?

[Statistical]

2. Which is why it is almost certain to be heard by SCOTUS.

Setting up to be a split precedent where the mandate is enforceable in only portions of the country.

SCOTUS will have no choice but to resolve the split precedent.

[badtoworse]

3. I don't believe you can generalize about these rulings

I believe the challenges were made on different grounds. Just because one line of legal attack fails does not mean that a different line will fail. In the end, the only ruling that matters will be made by the SCOTUS.

[soryang]

4. Any economic decision is "economic activity"

But this isn't the real issue. That principle is reductio ad absurdum. The real issue is using government compulsion to force individuals based upon the status of being alive to engage in the for profit health insurance system. This in effect is imposing a private corporate fiefdom for the benefit of for profit insurers with the sanction of state power.

The demise of the mandate will take the false pretenses of "universal health care" away from the essentially fraudulent corporate health care insurers.

The conservatives have shot themselves in the foot. The mandate really was a Wall Street bailout measure in disguise. It is no different in concept than privatizing Social Security. All rivers of money must eventually find their way to the investment banking aristocrats.

(I am a medicare for all advocate)

[TexasObserver]

5. It will soon be on a fast track to the Supremes.

The existence of conflicting federal trial court decisions on constitutionality in different circuits fairly assures the Supremes will jump into the middle of it.

There is ample case law for the SC to find the statute constitutional, if they want to do so. But if they want to find it unconstitutional, they can easily do that. Constitutionality is whatever five justices say it is.

[dennis4868]

6. the individual mandate.....

is clearly within congress' commerce clause power....2 courts agree and one judge who has a stake in the outcome in the constitutionality of HCR said no....but like a poster said already, it all will come down to the SCOTUS.....

[pampango]

7. That's why the repub state AG's filed suits in so many different courts. Gotta figure at least one

judge will rule in their favor. Hello SC!