Foes Of Health Care Law Lose Key Court Ruling

health care1 Foes Of Health Care Law Lose Key Court RulingIt’s a setback for those who oppose health care reform.  A federal judge in Detroit has rejected an attempt to stop some provisions of the new national health care law.

Judge George Caram Steeh ruled that Congress did not exceed its authority by requiring people to have insurance by 2014. He also turned down a challenge Thursday to the financial penalty that comes with having no insurance.

A Michigan-based Christian legal group and four people filed a lawsuit in March, claiming the law is unconstitutional.

This may be the first federal court decision to address claims that Congress over-stepped its constitutional authority by requiring most individuals to obtain health care insurance coverage or pay a penalty, beginning in 2014.

Similar challenges to the new law are pending in several other courts across the country.

The lawsuit was filed by the Thomas More Law Center, a national public interest law firm based in Ann Arbor. The individual plaintiffs don’t have health insurance and said they object to the federal government demanding that they buy it.

The plaintiffs say if they don’t purchase health insurance and are forced to pay a penalty tax, their tax money could be used to pay for abortions, which they also find objectionable.

The judge says lawmakers intended to lower the overall cost of health insurance by requiring people to participate. Steeh said Congress didn’t exceed powers allowed under the Constitution’s commerce clause, which  authorizes Congress to regulate activities which substantially affect interstate commerce.

You can read the judge’s entire opinion at mied.uscourts.gov.

 A message seeking comment was left with the Thomas More Law Center in Ann Arbor. The plaintiffs are expected to appeal the court’s decision to the Sixth Circuit Court of Appeals in Cincinnati, Ohio.

(Copyright 2010 WWJ Radio  All Rights Reserved. The Associated Press contributed to this report)

Comments

One Comment

  1. BNK says:

    Obviously this moron of a judge hasn’t read the Constitution! Just what we need… another frigging liberal judge legislating from the bench! When’s this jackass judge going to rule we all have to by a GM (government motors) car now? Same argument!

    1. Mr. Fusion says:

      Maybe the Judge has read the Constitution and is well aware of the governments restrictions.

      There is more than adequate precedent for the Health Affordability Act. Normal people wish it included a public option.

  2. judyms says:

    The legislation came from Congress and was signed by the President. The judge did no legislating; he rendered a decision based on the parameters set forth in the plaintiffs’ petition. Because one disagrees with the judge does not make him either a liberal or a jackass.

    1. BNK says:

      He was appointed by Bill – I didn’t have sex with that woman – Clinton. So I rest my case on being a liberal. As far as legislating from the bench… what do you call his shoe-horning this garbage bag of a mess into the commerce clause? Obama called… he wants you to go by a Chevy Volt before the end of the year or you will be fined $41,000.00!

  3. Doug Fehan says:

    A Detroit judge decides that more “free” stuff from Obama’s stash is in order??? BIG surprise!!!

  4. Del Wasso says:

    No, BNK – it is Obvious YOU haven’t read the Constitution.
    I refer you to Article 1, Section 8, Clause 18, and Alexander Hamilton’s Federalist Paper # 44.

    1. BNK says:

      Actually DEL, I hand out Pocket Constitutions to idiots like you who want the government to take care of them from craddle to grave! Soooo DEL, not sure where you’re going with Clause 18… To Make all Laws which shall be necessary and proper for carrying into Execution the foregoing Power… but your boy Obama and his minions are trying to stretch the meaning of the “Commerece Clause” to force all of us to buy insurance. I go back to my original statement… when will this judge, the Democrats in Congress or even your Messiah mandate that you buy a GM car to save them again? All of you that have commented obviously want something for nothing. As a business owner here in Michigan, I’m sick and tired of having to pay for you and the rest of the looters of society! If you want mandated health care, etc. move to Cuba or Venezuela. I hear they have some real cheap prices on land plus free health care, craddle to grave!

  5. Doc says:

    I don’t like the law demanding people buy ins if they don’t have it. I understand the reasoning, but it still smells like a giveaway to ins co’s. A Single Payer model – like Medicare – would make it a lot more fair. There’s no real reason everybody can’t have decent medical care.

    That said, it make me LMAO to hear rightwinger and baggers go on about ‘forced socialism”. I howl with laughter. Scary, scary healthcare.

  6. R.E.R. says:

    I have to agree with BNK, hook, line, and sinker. The federal government does not have the right to require anyone to buy anything. It is a “State” right, something that is voted for within a
    particular state. It will be interesting to find out what side of the
    political fence this guy comes from. Just keep one thing in mind,
    November 2, vote these liberals out!

  7. Joey Tavares says:

    The notion that a single person has the authority to pass judgement heralds from the daze of monarchy.

    What is the judge but the king’s placeholder in … court.

    It’s time for this adolescent species to decouple from the overbearing and parasitic parent.

    No single person has the vested interest of the community. It is up to the community to pass judgement.

    1. Doc says:

      The “Community” “passes judgement” by electing judges or having them appointed by the winning party. It’s built in to the system.

      Teabaggers… sheesh.

  8. Wombat Weatheraxe says:

    If Congress had had the guts and vision to pass universal single payer health care – as all the other industrialized nations have – this would be a moot point. Why can this country not assure its citizens of decent health care – members of Congress all have it – at the expense of the American taxpayer. Kudos to this judge for his courage and sense!

    1. BNK says:

      Healthcare is NOT a RIGHT! All of the other industrialized countries are running as fast as they can from their nationalized health care as we speak! Even the Socialist Bastion of Denmark has had enough. All these countries you refer to have had our level of unemployment for decades and stagnant growth. Do you even watch the news… why do you thing Greece, France and the other “Industrialized” countries are coming apart at the seams? They can’t afford it any longer!

      1. Doc says:

        The poor MUST die so that the rich can enjoy the planet more….

  9. Eric says:

    We need more Christian groups to come forward and make sure the sick and poor don’t get health care! Who would Jesus target for rescission?

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