Toobin: Fight over health care law will end up at Supreme Court
January 31st, 2011
03:01 PM ET

Toobin: Fight over health care law will end up at Supreme Court

[Updated at 10:28 p.m.] The fight over the health care reform law ruled unconstitutional by a federal judge on Monday will eventually be decided by the Supreme Court, said CNN senior legal analyst Jeff Toobin.

"This Supreme Court is very evenly divided between liberals and conservatives. Anthony Kennedy tends to be the swing vote. I would not be at all surprised that he would be the swing vote in this case as well," Toobin said.

"When you consider that this is the signature achievement of the Obama administration, and that it is hanging by a legal thread right now, it's a cause of great concern to supporters of the law."

Because the Florida judge ruled that the individual mandate, the part of the law that says everyone has to buy health insurance, is unconstitutional, “he says the whole law has to go out the window,” Toobin said.

Toobin said it is important to note that several federal judges have found the law constitutional.

"This is why we have a United States Supreme Court, to settle when judges disagree with each other," Toobin said.

The nine justices "have the last word," Toobin said. "Nobody can tell them what to do or when to do it."

[Updated at 5:37 p.m.] The U.S. Department of Justice says it plans to appeal the ruling of a federal judge in Florida, who earlier today struck down as unconstitutional key parts of the sweeping health care reform bill championed by President Obama.

[Updated at 3:47 p.m.] 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 in coming months over the legislation.

Monday's ruling came in the most closely watched of the two dozen challenges to the law. Florida along with 25 states had filed a lawsuit last spring, seeking to dismiss a law critics had labeled "Obamacare."

Judge Roger Vinson, in a 78-page ruling, dismissed the key provision of the Patient Protection and Affordable Care Act - the so-called "individual mandate" requiring most Americans to purchase health insurance by 2014 or face
stiff penalties.

"I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and
Inequities in our health care system," Vinson wrote.

"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.' "

FULL STORY

Filed under: Health • Health care reform • Politics • Supreme Court
soundoff (1,747 Responses)
  1. Brian

    Why is this a surprise? You can't force people to buy something just for being alive!

    January 31, 2011 at 3:07 pm | Report abuse |
    • lancewilliams

      What about auto insurance?

      January 31, 2011 at 3:12 pm | Report abuse |
    • mj4

      Car Insurance? Home owners insurance?

      January 31, 2011 at 3:15 pm | Report abuse |
    • Scott

      Auto-insurance is not forced on you. If you don't get it – you don't drive, driving isn't a necessity. However, living is in fact a necessity.

      January 31, 2011 at 3:15 pm | Report abuse |
    • Shari

      No you can't, unless that same person would like to get assistance at a hospital if they break their arm...or get poisoned...or have cancer...or want their children helped...or.......

      January 31, 2011 at 3:15 pm | Report abuse |
    • David

      You mean like auto insurance....home insurance...? Yea...the government would never force me to buy that stuff...

      January 31, 2011 at 3:15 pm | Report abuse |
    • Billie

      Replying to LW
      Duh! Don't want to buy auto insurance, Don't drive!
      No one is forcing you to but Auto Incurance.

      January 31, 2011 at 3:15 pm | Report abuse |
    • U.S. Common Sense

      Lance,

      You aren't required to own a car, therefore, you won't be punished for not owning auto insurance.

      January 31, 2011 at 3:16 pm | Report abuse |
    • Mike X

      Unfortunately, Massachusetts forces its citizens to purchase healthcare or we suffer big fines at the end of the year. I agree with you wholeheartedly, it's utter BS that we're forced to buy from the private sector, making insurance companies even richer, but it's been in effect now for a few years already...

      January 31, 2011 at 3:16 pm | Report abuse |
    • ShockedinDC

      Lets not require Auto insurance for people who have a car and home insurance for owning a home. Me I am tired of paying for any joe who walks into an emergency to get a free checkup!
      Either lets try the government run option, everyone be required to have insurance or turn people away from the emergency room who do not have insurance!
      The idiots who want it to go back to the same old same old need to have a reality check... 🙂

      January 31, 2011 at 3:16 pm | Report abuse |
    • E. M. Sternberg

      But Brian, the founding fathers did exactly that. Or did you miss the other CNN report, on James Adams' first healthcare act?

      January 31, 2011 at 3:16 pm | Report abuse |
    • raelalt

      And I bet if it was free you'd complain that it was "rampant socialism".

      January 31, 2011 at 3:17 pm | Report abuse |
    • Rick

      Great Job Judge!

      January 31, 2011 at 3:17 pm | Report abuse |
    • BC

      so, you're saying you never have and never will use the healthcare system? yea, right

      January 31, 2011 at 3:18 pm | Report abuse |
    • ShockedinDC

      Steve Q.. with your logic... I don't have a car so I don't have to pay for health insurance .. then if you are not alive you don't have to pay for health insurance either.... think before you type..... 🙂

      January 31, 2011 at 3:19 pm | Report abuse |
    • EE

      Auto insurance is required because your actions behind the wheel of an automobile can have a direct consequence in someone else’s life. Research the word tort. My health is my problem. Being unhealthy does not directly influence another individual’s life.

      January 31, 2011 at 3:19 pm | Report abuse |
    • Asher

      And the response 'you don't have to drive' is disingenuous at best. How would the GOP get to their NASCAR races if they didn't drive? Train? ROFLMAO!

      January 31, 2011 at 3:19 pm | Report abuse |
    • Charlie

      Why are you people so dumb? Car insurance = needed for covering liability of damage you might due to someone else, and I think most of you hear are prone to accidents because you're so dumb; collision insurance required if there's a lien holder. All makes sense. Homeowners insurance..... all the same. Medical insurance? Nobody has a lien on your body. And if you get sick or injured, and it's not someone else's fault, it's your own damn problem. Case closed.

      January 31, 2011 at 3:20 pm | Report abuse |
    • Posty

      Right on

      January 31, 2011 at 3:20 pm | Report abuse |
    • donnieb

      Car insurance is a state requirement, not federal. If the states want mandated health care like the mess in Mass. let em have it.

      January 31, 2011 at 3:20 pm | Report abuse |
    • David W

      So how exactly do you opt out of the health care market? You can't short of never accepting any medical care, but does that mean that we should not attempt to regulate it appropriately?

      January 31, 2011 at 3:20 pm | Report abuse |
    • TJ

      He said "forced to buy something for just being alive." The counter-arguments of "what about auto-insurance, home-insurance" and the like have nothing to do with what Brian said. If you don't drive a car or own a home, you aren't forced to get those insurances.

      By the way, I love the argument of "Well, the government forces people to buy these insurances, so we should also let it force people to buy other insurances." I know you guys really love the insurance companies, but come on, don't make it so easy for them to line their pockets.

      January 31, 2011 at 3:21 pm | Report abuse |
    • Roman

      This is different. While you can choose not to buy auto insurance by choosing not to drive, you will still be treated by a hospital if you suddenly go into cardiac arrest. You will still WANT to be treated if you get cancer and need expensive therapy. So you need to buy insurance so that I don't end up having to pay for your treatment... which is the status quo at the moment.

      January 31, 2011 at 3:21 pm | Report abuse |
    • Asher

      The heck your health doesn't impact me, EE. Sit on your butt and smoke and drink and eat fried fat and see if somewhere down the line the public doesn't shell out bucks trying to save your life. Unless of course you're one of the .001% of Livertarians who do as they say, not say as we should.

      January 31, 2011 at 3:21 pm | Report abuse |
    • Marvin

      What about Social Security?

      January 31, 2011 at 3:21 pm | Report abuse |
    • donotcall

      those who do not pay for health insurace relay on those of us that do for support. NO HEALTHCARE WELFARE, Why force us to pay for you – that seem completely unAmercian

      January 31, 2011 at 3:21 pm | Report abuse |
    • joe

      You people really need to think! The gov't doesn't force you to buy home insurance. #1 – if I rent, I don't buy it. #2, if I own my house outright, I don't need to buy it. #3 its the LENDER that forces you to buy it IF you own money on your mortgage (that's the LENDER wanting to make sure their investment is safe)

      Geez.... all you have to do is think for a millisecond to understand what you are saying doesn't apply or even make sense

      January 31, 2011 at 3:22 pm | Report abuse |
    • Jackie

      I sure hope Brian is right because then I can sue the states that have mandatory Auto insurance.

      January 31, 2011 at 3:22 pm | Report abuse |
    • raelalt

      EE: "My health is my problem. Being unhealthy does not directly influence another individual’s life."
      .
      Yes it does. When you get injured and go to the emergency room without insurance it drives up the cost of insurance for those of us responsible enough to have insurance.

      January 31, 2011 at 3:22 pm | Report abuse |
    • Nathan

      EE ever heard of smoking? Or contagious illness or STD's?

      January 31, 2011 at 3:22 pm | Report abuse |
    • Alternative

      You are forced to purchase auto insurance and yes you can opt to not drive. You are also required to pay sale taxes in some form or another. Unless you hunt for the food you eat. Yes, you will be forced to pay for health insurance. However, you can always leave the US. It is not a requirement to stay. So there you have an alternative.

      January 31, 2011 at 3:22 pm | Report abuse |
    • Luvin It!!!!

      I love to see that this Judge respects the way of America and our right to choose. We have the right to choose whether we want health insurance and every other aspect of our lives. Message to Obama and the slimy liberals – LET PEOPLE GOVERN THEIR OWN LIVES!!!!! That is the way of America!!!!!!

      January 31, 2011 at 3:22 pm | Report abuse |
    • Eddie B.

      How about Social Security? We are forced to contribute to that when it yields no return like a 401k.

      January 31, 2011 at 3:22 pm | Report abuse |
    • Schroeder

      people need to think before posting idiotic stuff....u dont HAVE to have a car and mortgage companies require home owners insurance not the goverment. And Sue you are an IDIOT for categorizing all people....I was out of work for 6 months in 2010 and had no insurance. I went to the emergency room once and paid it on payment plans so stop generalizing all people.

      January 31, 2011 at 3:23 pm | Report abuse |
    • Bob

      Sure you can. We already require hospitals to provide care for people who can't pay for it. Its time for people to pay up, instead of pushing the costs on everyone else. Want a free market system? Then let people who can't pay die on the curb outside the hospital.

      January 31, 2011 at 3:23 pm | Report abuse |
    • lolopolo

      Why am i being forced to pay for Social Security and Medicare? I want to have a choice not to pay for that too similarly...?

      January 31, 2011 at 3:23 pm | Report abuse |
    • Bret

      You do live, but yet someone that does not have health insurance has the potential to be a drain on others in society. A former co-worker of mine without health insurance had to have emergency surgery, paid for by the state because she found some assistance for single mothers. Problem is, there are all kinds of things out there you can find.

      You say that you can't force something on the living. The reason for this is to keep them living longer and healthier lives. Who's against that???

      January 31, 2011 at 3:23 pm | Report abuse |
    • Josh

      Charlie, incorrect. If you get sick, and need medical assistance, you will get it, in the most expensive way possible - on the backs of those who do pay for it. Individual mandate makes this less of an issue. Costs will continue to go up. Since public option and single payer are so odious to the loud half of the country, this was the decision made.

      January 31, 2011 at 3:24 pm | Report abuse |
    • dhsjks

      The government doesn't make you buy car insurance or home insurance, the lenders do. Many people drive without insurance, and to make it worse, perhaps as many as 50% of the illegals have no auto insurance. Seems to work for them.

      January 31, 2011 at 3:24 pm | Report abuse |
    • barry

      For those of you arguing that health insurance is no different than homeowners insurance or car insurance, your argument fails. The federal government doesn't require us to purchase homeowner's insurance - or mortgage companies do. If you don't have a mortgage then there is NO requirement to buy homeowner's insurance (or flood insruance for that matter.) You have a "right" to be uninsured. As for car insurance, the Supreme Court long ago held that driving is a privelege and not a right. Since it is a privelege the government can place conditions on that privelege - like you have to have a license and show financial responsiblitiy via insurance.

      One court down, two to go. This case will be appealed to the court of appeals and then to the supereme court. We'll see what happens there.

      But by then maybe the chickens will come home to roost on this bill. Your insurance premiums are going up. Illegal aliens are not required to buy insurance meaning that they will continue to be a financial drain on the health care system, and brother Obama continues to pay back his political allies by granting exemptions from the law to his union buddies who (surprise, surprise) supported the bill but now find it too expensive to comply with.

      January 31, 2011 at 3:24 pm | Report abuse |
    • Marc

      Okay all you righties–if you aren't forced to buy insurance and choose not to and you get sick, get in an accident, get hit by a bolt of lightning, hospital's have to treat you when you show up at an ER. This raises the price of your premiums, because insurance companies have to take into account the irresponsible/childish people who don't buy helath insurance. What is your solution in dealing with the irresponsible people who choose not to buy health insurance and who are currently adding to our healthcare costs?

      January 31, 2011 at 3:25 pm | Report abuse |
    • Russell

      Ok fine we will treat it just like car insurance or home owners insurance. You don't want to purchase Health Insurance, you don't get Health Care. Let's pass a law allowing the Hospital to turn you away if you don't have health insurance no more I'm going to go to the emergency room and then not pay B.S. that we have had for years.

      January 31, 2011 at 3:25 pm | Report abuse |
    • Andy

      @All.

      Folks, Auto Insurance is a completely different animal. Only the liability part of Auto Insurance is mandatory. That is because, if you hit someone with your car, you should be able to pay for his/her damages. This is for the safety of others. It is not mandatory to buy collision or comprehensive part in your insurance. That is the main difference!

      If you fall sick, you don't put other people at risk and hence you should not be forced to buy health insurance.

      January 31, 2011 at 3:25 pm | Report abuse |
    • Jason

      Neither auto nor home owner's insurance is required if one does not own a vehicle or a home. Further than that, it isn't the Federal Government that requires auto and home owner's insurance, unless one lives and/or drives in D.C.

      January 31, 2011 at 3:26 pm | Report abuse |
    • Heywood

      Stop with Auto insurance comparison- you have to buy to protect others from the damage you may do with your can, and like Homeowners insurance, it is a requirement of the person loaning you the money for you car/home.

      January 31, 2011 at 3:26 pm | Report abuse |
    • Schroeder

      also, Food is not taxed in my state also....as someone tried to use. Social security is to "yield" you money upon retirement if they learn to fix it

      January 31, 2011 at 3:26 pm | Report abuse |
    • AB

      You dont have to buy car insurance if you dont own a car and you are not mandated to own a car. Also, you only have to have car insurance if you don't drive your car on public streets. For example, a farmer who only uses a pick-up to drive on their own property does not have to have car insurance.

      The government does not mandate homeowner's insurance, your bank requires it as a condition of loaning you money. If you don't have a mortgage, you don't have to have homeowner's insurance.

      January 31, 2011 at 3:26 pm | Report abuse |
    • Marc

      I bought a home and i am forced to buy insurance. What's your solution for that? I guess, using your reasoning, i shouldn't choose to buy a home and i should go live under a bridge.

      January 31, 2011 at 3:26 pm | Report abuse |
    • Anthony

      For those saying that we have to have car insurance because our actions behind the wheel affect other people, but health insurance doesn't, my only reply is that those that don't have health insurance make directly affect those who do by making the health insurance rates go up. So yes, not having health insurance affects everyone else. Get your head out of your ass and think a little.

      January 31, 2011 at 3:27 pm | Report abuse |
    • joe

      Marc – why do you assume if I "get hit by lightning and go to the ER" that I won't pay the bill? You are assuming I'm an illegal alien or something and I plan on skipping out on my obligations. I go to ER, I get billed, I pay the bill. Why is this notion so alien to so many of you? You pay your monthly cable TV bills don't you? Why would you assume if I use the ER I won't pay the bill? *YOU* might skip out from paying the bills, but I would pay it because I owe it.

      January 31, 2011 at 3:27 pm | Report abuse |
    • Nathan

      Oh yeah they held up our right to choose? If everyone could choose why would someone pick not to have health care except for cost, this helps these people afford health care. It doesn't hold up my right to choose.

      January 31, 2011 at 3:28 pm | Report abuse |
    • CHIPSHIRLEY.COM

      YOU CAN, WE DO AND WE WILL...

      January 31, 2011 at 3:28 pm | Report abuse |
    • mike

      Social Security is not forcing someone to buy a good or a service.... Why is this so difficult for people to comprehend? Health Insurance mandate is very different from SS, car insurance, taxes, etc.

      January 31, 2011 at 3:28 pm | Report abuse |
    • jim

      Of course you can. We require everyone to pay for public education just for being alive. Even if they choose to use private schools. we require them to fund the military, though you could say that 'provides for the common defense'. The end result of this speed bump will simply be to bring the public option forward sooner. I hope.

      January 31, 2011 at 3:28 pm | Report abuse |
    • karlj324

      Why don't people that refuse to buy health insurance sign a waiver stating that the government is not responsible for taking care of them when they gey sick or injured and don't have insurance.

      January 31, 2011 at 3:29 pm | Report abuse |
    • Donna

      I work in a hospital. In general I feel everyone should have insurance. We could make this easy. If you don't have insurance , just don't show up at the hospital. Then we don't have to treat all those that do come to the hosp or emergency care. Let's just hope that some of you who don't want to have to buy insurance are never in that position.

      January 31, 2011 at 3:29 pm | Report abuse |
    • Dave

      Auto insurance only requires you to have liability insurance in you cause harm to others. No state requires people to insure their cars for full comprehensive & collision coverage.

      January 31, 2011 at 3:30 pm | Report abuse |
    • notarichboy

      You are only required to buy auto insurance if you choose to own a auto and you are only required to purchase liability so that anyone else that you hit will have their property paid for. You are not forced to carry collision and you are not required to purchase home insurance unless you have a loan against the house and then law does not require it but the bank which has loaned you the money.

      January 31, 2011 at 3:30 pm | Report abuse |
    • Barb

      In response to Brian and several replies. For some, driving is a requirement for their livelihood. Because we live we are more likely to see a doctor, get sick, or have an accident, than we are to be involved in a car crash or have a house fire. Mandatory auto and home insurance is accepted as the norm, so why not medical insurance?

      I believe that medical insurance should be mandatory. If not, there's a large populous as evidenced by some of these replies that are perfectly content to let the responsible among us pay their way in life. Those of us who responsibly protect ourselves and our families from financial ruin are getting tired of paying, via our over-inflated premiums, for those of you who choose to be a burden on society.

      January 31, 2011 at 3:30 pm | Report abuse |
    • Lou

      OK – so when you show up to the emergency room with your 5 year old boy who's bleeding profusely from an injury or your 10 year old daughter is diagnosed with leukemia, then you expect the good people of the world to treat your children and pay for their medical expenses and you feel this is right to free load on the money I pay for medical insurance to treat your children, right? Of course you do because in the U.S.A and ONLY in the U.S.A you know that even if you do not have medical insurance, your children won't be left in the parking lot to die.

      January 31, 2011 at 3:30 pm | Report abuse |
    • dave

      If you want a loan on a car or home you must have insurance, otherwise repo's and foreclosures would be met with arson or theft. Plus corporations place no value on people, they would however insure a robot because of its intrinsic value.

      January 31, 2011 at 3:30 pm | Report abuse |
    • Ellamila

      Every President, Republican & Democrat for the last 40 years has tried to reform& improve our health care system which is by far the most expensive in the world and ranked as one of the worst overall in the developed countries. The insurance companies & their public relations have dooped many people into thinking that reform is bad – so they can continue to maximize their profits. The bipartisan CBO Congressional Budget Office has said that the repeal of this health reform will cost us many millions & ballon the budget so many people claim to now suddenly care about. If health care reform is undone, insurance companies will have won & all us Americans will have lost.

      January 31, 2011 at 3:30 pm | Report abuse |
    • MSfromCA

      Blah, blah – turn of the right-wing talk radio. The reason to require you to buy health insurance is that we the people (the government) will be forced to bail you out if you don't. If we wheeled you out to the curb if you came into the emergency room with no insurance, it wouldn't be an issue, but we are not going to do that. Take responsibility and buy the insurance.

      January 31, 2011 at 3:31 pm | Report abuse |
    • Brian

      To any idiot here who is saying "what's the difference between auto and home insurance?"...
      1) Auto Insurance is only mandated if you own a car, and it is to protect other people from your driving, it is not mandated for you.
      2) You don't have to buy homeowners insurance if you own your house. Only if you owe money on your house do you have to buy insurance. If you owe the bank for your house or a motgage, then it is not technically yours yet and you have to buy insurance for the bank's sake (again, not your own)

      January 31, 2011 at 3:32 pm | Report abuse |
    • Steven

      Auto insurance is a mandate to drive a vehicle. So is home owners. mandates that benefit an industry and protect interests.

      If you think your health does not effect other people you have never heard of a communicable disease, or lost productivity, recuperated costs.

      You being sick hurts business. hurts the economy and you are a hazard to other people. that simple. People without insurance will get more sick that people with insurance, wait longer for care and infect more people. Health insurance IS liability insurance.

      January 31, 2011 at 3:33 pm | Report abuse |
    • AW

      If you promise to NEVER EVER USE the healthcare system, then go ahead, opt out. However, I know for a certainty that when you get into an accident or feel violent ill, you will end up at the doorsteps of ER. For those of you who are GOP and you don't want people to take advantage of you (higher insurance premiums etc), then you would want the mandatory option. Just because Obama/democrat introduced the bill doesn't mean that it is bad. Use your head. Current healthcare system is the same as wellfare for the uninsured. People will no insurance will go "free care" at public hospitals and that cost is passed onto everyone.

      January 31, 2011 at 3:33 pm | Report abuse |
    • Green2

      To make it fair on both sides, the law should now not require hospitals to provide care to patients unable to pay – then see how you like being without health insurance. People without coverage drive up the costs for everyone else and the system is required to provide care – that's why the uninsured are a social burden.

      January 31, 2011 at 3:34 pm | Report abuse |
    • Food for Thought

      Food?

      January 31, 2011 at 3:37 pm | Report abuse |
    • Steve S

      Everyone's missing the point here. The only way that the popular functions of this bill ( no denials for pre-existing conditions, no arbitrary lifetime cap in coverage, no drop in coverage after your sick- all of which the insurance industry has whole-heartedly abused for the past few decades ) will work and rates be kept reasonable is if we ( the people ) give the insurance industry this unpopular subsidy ( 33 million more insureds ). Otherwise, free loaders will not get insurance until they're sick, at which point their care is remarkably more expensive and insurance companies will not be able to deny their application. This will allow them to "justify" sky high premiums across the board. There has to be "the stick" in place for those healthy individuals that would otherwise forego coverage until they are sick and actually need it. And besides, the majority of people will still be covered through employer group coverage and those that truly can't afford to buy individual coverage are exempted from the penalty altogether.

      January 31, 2011 at 3:40 pm | Report abuse |
    • Jack

      All right, then what about social sercurity? This is only one point of view. Brian, you need think a little bit more. Remember the court in Flordia is probably one of the more conservative courts, which if you are a lawyer you going present your case.

      This conservative has three comments, First, young man, before you speak, you need to research the reasons for raise of federalism vs. state rights back in the 40', 50's and 60's. meaning you need to read and study your history instaed of getting from talk show host. Secondly I did not see much of an effort by the conservatives to present alternate options, which was discouraging to many of us conservative. Thirdly, quite using Rush Limbaugh and Sean Hanity as your history professors. They are enterainers feeding you back what you what to hear.

      January 31, 2011 at 3:41 pm | Report abuse |
    • Brian

      Jack,

      It's that type of idiocy that makes people think this country is stupid. And Social Security is not an insurance, it is a tax. The U.S government is not required to pay you social security benefits

      January 31, 2011 at 3:48 pm | Report abuse |
    • Rodeoguy

      You do NOT have to buy car insurance or homeowners insurance! Driving and home ownership is a priviledge NOT A RIGHT!

      January 31, 2011 at 4:17 pm | Report abuse |
    • Wzrd1

      So, you "can't force someone to buy something just because they're alive"?
      Social security insurance. Medicare insurance. Check your pay check some time.
      Both are insurance schemes that WERE tested by the Supreme Court. So, this judge holds himself above the Supreme Court of the United States.
      He should be impeached just for that.

      January 31, 2011 at 4:27 pm | Report abuse |
    • arjun

      i think goverment has a right and responsiblity to keep you alive..........

      January 31, 2011 at 4:29 pm | Report abuse |
    • skytag

      Brian: "You can't force people to buy something just for being alive!"

      Save the sound bite. Every time the government buys something with your tax dollars you are being forced to buy something. The mandate is necessary to keep people from waiting until they get sick to buy insurance. If insurance companies can't deny coverage due to pre-existing conditions, then everyone has to be in the pool or some people will abuse the system and that will drive up premiums for businesses and others who maintain coverage all the time.

      February 1, 2011 at 1:45 am | Report abuse |
    • BADGUY

      How about car insurance? How about retirement insurance (Social Security)? How about medicare (taken from your Social Security checks). How about income tax? How about sales tax? How about property taxes? How about the draft? Hey if you don't wanna pay your fair share, fake your death and go off and live in the North Woods. Become a hermit.

      February 1, 2011 at 3:49 am | Report abuse |
  2. denmond

    YES!

    January 31, 2011 at 3:07 pm | Report abuse |
  3. Flash

    Oh no, What's Oblamma going to do now?

    January 31, 2011 at 3:08 pm | Report abuse |
    • cecilia

      he might just give up and let you all go back to the place where the insurance companies screwed everyone everyday

      January 31, 2011 at 3:14 pm | Report abuse |
    • Raj

      Then paying taxes is the same way.

      January 31, 2011 at 3:16 pm | Report abuse |
    • DAR Family

      Easy, blame Bush!

      By the way, last week Medicare's chief actuary testified that, contrary to Obama's claims, Obamacare would not reduce costs and not everybody will get to keep his or her own doctor (unless you want to pay separately outside the system)

      January 31, 2011 at 3:16 pm | Report abuse |
    • CW

      DAR, so you'll believe the medicare chief actuary, but you won't believe the CBO? Glad you only listen to data that fits your own narrative.

      January 31, 2011 at 3:21 pm | Report abuse |
    • Roger Ogilvy Thornhill

      He should just bend over for the insurance companies the way the rest of us do. Remember to smile!

      January 31, 2011 at 3:24 pm | Report abuse |
    • CHIPSHIRLEY.COM

      WIN RE-ELECTION IN A LANDSLIDE.

      January 31, 2011 at 3:29 pm | Report abuse |
  4. David

    Probably one of the same judges who stopped the recount & stole the 2000 election...

    January 31, 2011 at 3:08 pm | Report abuse |
    • DUHHH....

      You and Al are still crying that Bush BEAT you in Florida?? Get a tissue already!!

      January 31, 2011 at 3:13 pm | Report abuse |
    • Mike

      Buy more Tinfoil, your hats not working anymore!

      January 31, 2011 at 3:14 pm | Report abuse |
    • cecilia

      Boy you hit the nail on the head – for sure

      January 31, 2011 at 3:15 pm | Report abuse |
    • nheckt

      Cry little baby, cry. what a loser you are!!!!!!

      January 31, 2011 at 3:15 pm | Report abuse |
    • Adam

      LMAO! Stolen election! HHHAHAHAHAHAHAHAHA!!!

      What's your DU name?

      January 31, 2011 at 3:15 pm | Report abuse |
    • GenPatton

      I bet you typed that with either a straight-face or a frown.

      LOSER!!

      January 31, 2011 at 3:15 pm | Report abuse |
    • matt

      Would you be complaining if he gave the election to Gore? And correct me if I'm wrong, but did Bush ever lose a single recount?

      January 31, 2011 at 3:15 pm | Report abuse |
    • Jennie

      Get real and get over it. The Judge did the right thing.

      January 31, 2011 at 3:17 pm | Report abuse |
    • Eric

      Keep lying if it helps you sleep at night. The SCOTUS did not select GWB as President, it only said that the State of Florida couldn't just "make it up as they went along" in trying to get Al Gore to be elected. If Gore had won his home state (even Mondale won Minnesota in 1984) then Florida wouldn't have been an issue. YOUR GUY LOST; get over it. Oh, and "Your Guy" kept trying to exclude absentee Military ballots that likely would have went to Bush. What a sad and pathetic looser that he would try to disenfranchise the Military.

      January 31, 2011 at 3:18 pm | Report abuse |
    • BC

      get over it, only liberal activist judges do those types of things, conservatives would never get involved with a state's sovereign responsibility of counting votes and stop it midstream before they got finished, would they? /sarcasm

      January 31, 2011 at 3:21 pm | Report abuse |
    • Jaymo

      Stole election? Get over it dude, it's 2011..You libs / leftists will still use the same rhetorics 1,000 years from now. You forgot something, it's all Bush's fault!. LOL.....

      January 31, 2011 at 3:21 pm | Report abuse |
    • Jay

      Blah Blah Blah. You'd probably all be right in saying it's irrespnsible not to have health insurance, but it's socialism/communism to allow the government to force everyone to purchase it. As soon as you do that, there's no incentive for compeition. Obama is a Marxist and isn't fit to be president.

      January 31, 2011 at 3:21 pm | Report abuse |
    • J. Miller

      David, you can see by the responses the right-wingers are leaving you that many conservatives are simply unrepentant thieves. The 2000 election was a right-wing coup, aided and abetted by the ultra-right fanatic Scalia on the Supreme Court. The Bush v. Gore decision cannot even be used as a precedent; it's that corrupt. So you, David, are absolutely correct. Al Gore was elected president on November 7, 2000. His victory was stolen from him by right-wing crminals.

      January 31, 2011 at 3:24 pm | Report abuse |
    • Ser Scot

      David,

      Just an FYI. This is a Federal Judge. The only Federal Judges involved in the 2000 Election Recount controversy were the 9 members of the U.S. Supreme Court.

      January 31, 2011 at 3:24 pm | Report abuse |
    • MsK

      I think old Charlie up there should learn to spell before telling the world they are dumb...

      January 31, 2011 at 3:29 pm | Report abuse |
    • slorage

      http://www.whatthehellhasobamadonesofar.com/

      January 31, 2011 at 3:32 pm | Report abuse |
    • Barb Van

      David: I have spent $67 in healthcare costs in the last 9 months. If Obama had had his way, I would have been paying $600 a month for insurance . . . $5400 vs. $67. Wha6t MOST PEOPLE DON'T REALIZE is that the ones who PAY these exorbitant premiums are paying for those who can't pay. Fact.

      January 31, 2011 at 4:02 pm | Report abuse |
  5. Scott

    Yes!! Now Obama has officially done nothing in his 2 years as POTUS.

    January 31, 2011 at 3:09 pm | Report abuse |
    • Brian

      He's done a ton of things... just none of them good

      January 31, 2011 at 3:09 pm | Report abuse |
    • boocat

      You're happy about that? You are pathetic!!!!!!

      January 31, 2011 at 3:10 pm | Report abuse |
    • cecilia

      Unlike the Republicans who shouted and kicked and said NO to everything

      January 31, 2011 at 3:18 pm | Report abuse |
    • Clueless Scott

      Clearly Scott you don't know any of the accomplishments. Obama has passed more in his 2 years than Bush did in nearly 8. Actually bush did a lot in taking away many of your rights. You are clueless. clearly.

      January 31, 2011 at 3:18 pm | Report abuse |
    • Kidwond3r

      you areobviously have a mentality of an 5th grader to say he has done nothing else, where is your comment when he rescued the US from bankruptcy. DID you know he loaned banks more than a trillion dollars, i know u can't count that high or know how that looks here it is, (1,000,000,000,000) but when i got my wallstreet bonus (75,000) i said thank you to the president. Hey Scott u probably work in a factory and angry cause ur job is going over sea....LOL my bonus is probably what u try to make, LOL remember i get that if not more every 4 months in addition to my salary

      January 31, 2011 at 3:19 pm | Report abuse |
    • sabalog

      You're forgetting about wall street reform, credit card reform, the economic stimulus, extending tax cuts etc....to name a few.

      January 31, 2011 at 3:20 pm | Report abuse |
    • David W

      Not liking what has been done is not the same as the administration having done nothing.

      January 31, 2011 at 3:23 pm | Report abuse |
    • Jaymo

      Yep,Oh, yes, he's done plenty- close to bankrupting the USA, and forcing cheap health care down our throats, he's doing plenty. But he is in denial still, I guess he doesn't acknowledge the fact that the people ( voters) has turned the Congress REPUBLICAN on him.. I wonder WHY???

      January 31, 2011 at 3:26 pm | Report abuse |
    • Sue

      Your post = FAIL.
      In fact, Obama done the following:
      * Signed an economic stimulus bill that created prevented another 1.2M jobs being lost, according to the Congressional Budget Office.
      * won 60 percent of his propsoed spending cuts and got Congress to axe several programs that plagued Dubya for years, including the elimination of the F-22 fighter jet program – with the backing of Senate Republicans, by the way.
      * nominated the first Hispanic Supreme Court Justice, who was confirmed in August 2009.
      * The first bill he signed into law was the Fair Pay Act, which expands the rights of workers to sue employers over wage discrimination claims.
      * Signed a bill expanding the State Children's Health Insurance Program to cover 4 million more children from lower-income families. But, oops, GOP doesn't care about low-income families because they don't vote "red."
      *Signed Omnibus Public Lands bill protecting 2 million more acres, declared as wilderness.
      Signed the most sweeping credit card reform law in 40 years, restricting interest rate hikes and fees
      * Drastically improved government transparency, including a ban on lobbyist gifts;
      plus many other measures, including tobacco regulation, expansion of Americorps national service programs, and on and on and on. DON'T YOU READ THE NEWSPAPERS? Or didn't they report any of this on Faux-News?

      January 31, 2011 at 3:27 pm | Report abuse |
    • J. Miller

      Actually Scott, President Obama has done quite a lot. He's had to pull the nation back from the brink of the disaster conservatives inflicted on America between 2001 and 2009.

      January 31, 2011 at 3:27 pm | Report abuse |
    • Roger Ogilvy Thornhill

      Some of the big accomplishments of the Obama administration. I would like to point out that #1 is still the law, no matter what a judge in Florida thinks
      1. Patient Protection and Affordable Care Act (Health Care Reform)
      2. Dodd-Frank Wall Street Reform and Consumer Protection Act (Financial Reform)
      3. American Recovery and Reinvestment Act (Stimulus Package)
      4. Credit Card Reform Act
      5. Troop Surge in Afghanistan

      January 31, 2011 at 3:28 pm | Report abuse |
    • slorage

      http://www.whatthehellhasobamadonesofar.com/

      to name a few

      January 31, 2011 at 3:33 pm | Report abuse |
    • KDM

      Maybe you should quit watching fox news and join us in reality

      January 31, 2011 at 4:37 pm | Report abuse |
  6. Koz

    YES!!!!!!!!!!!!!!!

    January 31, 2011 at 3:09 pm | Report abuse |
    • Joe

      How much of those things he passed turned out the way they intended to be. Credit reform act all the credit card companies did was add new taxex, raise intrest rates and make it more expensive to do balance transfers. Stimulus package? Then why is unemployment still at 9.5 percent? All those bills and all those law are nothing more then smoke and mirrors or are you a lawyer that can read those bill and whatever to understand what is written?

      January 31, 2011 at 4:13 pm | Report abuse |
  7. boocat

    I don't understand this. It was my understanding that Massachusetts had the same mandate in their health care bill. If the courts let that bill remain, why wouldn't this remain?

    January 31, 2011 at 3:09 pm | Report abuse |
    • David

      It has to do with federal v. state law

      January 31, 2011 at 3:14 pm | Report abuse |
    • me

      States can force you to buy it.... The Federal Government can not.

      January 31, 2011 at 3:15 pm | Report abuse |
    • sd

      difference between states & federal govt...fed govt (allegedly) has limited powers

      January 31, 2011 at 3:15 pm | Report abuse |
    • Dave

      Because the Massachusetts one didn't cross state lines. That's within the power of a state to set things for it's residents that way, although just barely. The feds wanted to do this across state lines and that violates interstate commerce restrictions.

      January 31, 2011 at 3:16 pm | Report abuse |
    • Me

      State's CAN mandate that someone purchase insurance. The Federal Government cannot mandate that anyone purchase anything.

      January 31, 2011 at 3:17 pm | Report abuse |
    • Jeff

      The federal gov't mandating something is legally very different than the federal gov't mandating something. We are a republic, with a federal gov't of limited powers by design...

      January 31, 2011 at 3:18 pm | Report abuse |
    • Nathan

      The States are putting politics above their people, again.

      January 31, 2011 at 3:19 pm | Report abuse |
    • jp

      I'm sure they do...but Mass is a state not the federal government...if you don't like the law in Mass it is easy to move to R.I. or Conn. or NY...and still be a citizen of the US...you can't leave the US and still be in the US

      January 31, 2011 at 3:21 pm | Report abuse |
    • Joe

      Mass is a state with very few people in it and they are crumbling under social medicine..the US as a whole has MILLIONS of people in and and LOTS of Unemployed people who can affort the tyranical rule that says you have to buy a product. What are you going to do throw all the bums in jail that can't pay for and let all the rapists and murders out because they have to put a non paying citizen in jail? Watch how messed up the judical system is going to be.

      January 31, 2011 at 4:16 pm | Report abuse |
  8. ErnieS

    Just another Reagan-appointed Judge doin' the GOP's business.

    January 31, 2011 at 3:10 pm | Report abuse |
    • K.W. Robbins, Sachse TX

      Actually, Obama has been doing the GOP's business. Obama and his minions worship at the same alter as the GOP and its minions - corporate interests.
      Obama and his minions = GOP and its minions
      I weep for the working class, for whom neither party represents.

      January 31, 2011 at 3:13 pm | Report abuse |
    • nate lindsey

      I agree

      January 31, 2011 at 3:16 pm | Report abuse |
    • Nathan

      Nope the GOP is WAAAAAAY more bought out them the Democrats. Boehner passed out checks from tobacco lobbyists during a session of congress and is going to speak at the big health care company get together. At least Obama is doing something.

      January 31, 2011 at 3:17 pm | Report abuse |
    • K Edwards

      absolutely

      January 31, 2011 at 3:17 pm | Report abuse |
    • Ann Marie

      Do you have his address, I'd like to send him a thank you note!

      January 31, 2011 at 3:18 pm | Report abuse |
    • PapaG

      Dear Ernie,
      First, the current president kept that Judge. If you study law or civics all Federal Judges turn in their resignation when a new president takes the Oath of Office. Wow education hurts! Next the elected president decides to keep that Federal Judge on the Bench. So in reality, the current president's Federal Judge rulled against his signature legistation. I know that education is beyond your grasp and to research is far beyond your abilities, but that is why there is an Electorial College. Ouch, more civics lessions.

      January 31, 2011 at 3:22 pm | Report abuse |
    • Nathan

      Are you suggesting stacking the court? Didn't FDR get screwed for that?

      January 31, 2011 at 3:29 pm | Report abuse |
  9. K.W. Robbins, Sachse TX

    Obama and his associates failed us when he refused to endorse a single-payer scheme. His presidency has been disastrous; he has consistently sided with big-business, big-military, corporate interests. He is not a progressive, he is a corporatist. And the "left-leaning" media lets him get away with it. Saddening, I weep for this nation and its peoples.

    January 31, 2011 at 3:10 pm | Report abuse |
    • keithmoore1

      Nah, I wouldn't say he's SIDED with those interests...they're simply bigger than he is.

      January 31, 2011 at 3:13 pm | Report abuse |
    • buildafence

      Single Payer? Are you sure you're in Sachse and not California?

      January 31, 2011 at 3:15 pm | Report abuse |
    • Tom

      I weep for people like you, who don't respect freedom. "Single-payer"? Yeah, let's outlaw health insurance unless it's the government plan? Move to Cuba or Venezuela f that's what you want.

      January 31, 2011 at 3:15 pm | Report abuse |
    • Classyintallahassee

      So your premise is a Republican would be less of a corporatist? Give me a break.

      January 31, 2011 at 3:18 pm | Report abuse |
    • K.W. Robbins, Sachse TX

      keithmoore1: So we should not challenge Obama's consistent kowtowing to corporate/military interests? We should not condemn him and his minions for their refusal to enact policies that benefit the working class? Saddening.

      January 31, 2011 at 3:19 pm | Report abuse |
    • DUHHH....

      KW, you're funny, trying to pass yourself off as a Texan! Go back to grazing on your tofu...in California.

      January 31, 2011 at 3:29 pm | Report abuse |
    • cnnfused

      How can YOU say Obama is pro-business, and other haters say he's bashing business? He can't really be both, can he?

      January 31, 2011 at 3:29 pm | Report abuse |
  10. Batman

    Best news in a long time. What a great way to start the week!!!

    January 31, 2011 at 3:11 pm | Report abuse |
    • JacklynD

      Your rates go up every year while the insurance companies' profits are grossly huge in the billions upon of billions of dollars. Their profits are derived from gouging you and our businesses and refusing coverage every chance they get. As a business they contribute absolutely nothing to our health care industry except mountains of paperwork, and they do not fund research, build new hospitals, train doctors or nurses. All they do is put themselves between you and your health care providers and vacuum up money. Oh and spend billions convincing people like you that they are a good thing.

      Laugh fool because that is exactly what you are.

      January 31, 2011 at 3:18 pm | Report abuse |
  11. Midcounty Girl

    Finally the voice of reason from a judge.

    January 31, 2011 at 3:11 pm | Report abuse |
    • Not a Yes Man

      Obungles will ultimately be beaten down before the next erection. He needs to go for lack of getting anything of substance accomplished during his foisted presidency!

      January 31, 2011 at 3:16 pm | Report abuse |
    • Not a Yes Man

      by beaten down, I mean that he will be rejected by droves that got him elected in '08 as a non compus mentas of a president...a no-count used carsalesman.

      January 31, 2011 at 3:19 pm | Report abuse |
    • Matt

      Judges backed Jim crow laws too that doesn't make them intelligent.

      January 31, 2011 at 3:27 pm | Report abuse |
  12. Dave B

    Florida. That says it all.

    January 31, 2011 at 3:11 pm | Report abuse |
    • grace

      great news! glad to hear that the states are winning over the big heads in DC who think they can control or seize control of our rights!!

      January 31, 2011 at 3:17 pm | Report abuse |
  13. Scott

    What a great day, between Egypt and the U.S.A – we are both "Over-Ruling" tyranny!!! YEEEESSSSS!!!!!!!!!!!!!!!

    January 31, 2011 at 3:12 pm | Report abuse |
    • Christie

      You'll be crying about the "tyranny" when you keep paying for other people's ER visits.

      January 31, 2011 at 3:13 pm | Report abuse |
    • Not a Yes Man

      Excellent post!

      January 31, 2011 at 3:13 pm | Report abuse |
  14. al

    I am not surprised that the mandate forcing all Americans to purchase insurance was struck down. As much as I am in favor of health care reform I just don't believe the federal government has the authority to tell you that you have to purchase a product or service.

    January 31, 2011 at 3:12 pm | Report abuse |
    • Not a Yes Man

      Well Stated! Keep up the good work!

      January 31, 2011 at 3:14 pm | Report abuse |
    • nate lindsey

      I don't believe in mandatory health care, but how do we take care of those who can't or they just willfully like to pass the cost on to taxpayrers?

      January 31, 2011 at 3:19 pm | Report abuse |
    • Ronald Raygun

      and what about auto insurance? go to jail and lose your license if you dont have it. why dont you cry about government making you buy that service? cause your becks and palins dont mention it do they. health care is going to stay obama will set an executive order to strike down all opposition to it thank God!!

      January 31, 2011 at 3:20 pm | Report abuse |
    • Mary225

      OK, so someone doesn't have to buy health insurance. Now what? What do they do when they need a $3K CAT scan? Who pays? Republicans can't see the forest through the trees. WE NEED THIS...no more free-loaders on our health care system! Why don't they get this, and why do they challenge this? It actually seems like a very Republican idea. I say FINALLY....no more people sitting in the ER waiting to see a doctor as their primary care physician. Republicans will destroy this country. Then they'll be happy they stopped Pres. Obama. What a pathetic and scary group. They are the US home grown terr@rists.

      January 31, 2011 at 3:25 pm | Report abuse |
  15. Wow

    Wow you guys are ridiculous. You know the reason why they want everybody to buy health insurance?
    So the people who do, don't pay so damn much! Because they're too busy paying for the healthcare system while your grandma who wasn't accepted on a healthcare plan gets sick and can't afford her medicine.

    January 31, 2011 at 3:12 pm | Report abuse |
    • james

      Why they want it is irrelevant. What they want is illegal. You liberals seem to think the law doesn't matter when you want something. It does.

      January 31, 2011 at 3:14 pm | Report abuse |
    • Wow

      Then it's time the law be changed. The law is outdated and archaic. It forces more onto hard working Americans. You don't want that, sir conservative.
      I suppose we should abolish welfare too. There's government being illegal again.

      January 31, 2011 at 3:16 pm | Report abuse |
    • Tom

      No, that's not the reason. "Everybody" won't be paying under the Obama plan. They want more people to pay so that they can give health insurance to people who don't have it. If you think people are going to pay less for what they have now, then you've had too much Kool-Aid.

      January 31, 2011 at 3:17 pm | Report abuse |
    • Tom

      Abolish welfare? Excellent idea.

      January 31, 2011 at 3:18 pm | Report abuse |
    • Wow

      People WILL pay less for their coverage, their premiums will decrease. And more poor people will be covered. As long as everyone is pitching in, I'd love to pay for a low income family's healthcare. That's the right thing to do here in 21st century America.

      January 31, 2011 at 3:21 pm | Report abuse |
    • Sad citizen

      What's sad about that statement is that they're forcing the people to carry this load rather than go to the source; the insurance companies, pharmacuetical companies and medical practices that are robbing us blind.

      January 31, 2011 at 3:22 pm | Report abuse |
    • Wow

      I hope you lose your job and you have to survive without one. Then youll wonder where the government is.

      January 31, 2011 at 3:22 pm | Report abuse |
    • Wow

      You've got a point sad citizen.

      January 31, 2011 at 3:23 pm | Report abuse |
    • armyvet1981

      You're absolutely correct!

      January 31, 2011 at 3:25 pm | Report abuse |
    • Golly!

      Another plus is not being denied because of a pre existing condition. My old health insurance wouldn't cover mild adult acne! What a dumb condition to deny!

      January 31, 2011 at 3:44 pm | Report abuse |
    • common sense

      Wow, what planet are you living on? My insurance went up 30% over last year and I get less coverage to show for it. And the majority of Obamacare hasn't even gone into effect. I have family friends that are closing down their practices because they just cannot afford to stay in business anymore. These are people that have been in business for decades. And to the person that said insurance companies are bleeding us dry? Do you realize that, as of 2007, the estimated cost to insurance companies per year for insurance fraud was 80 billion dollars? Who pays for that? Honest people. I have no idea what it is now, but I guarantee you that number has gone up with the economic downturn. I don't know if you know this or not, but insurance companies are not welfare programs. They are in it to make money, like it or not. If they don't make money, they go bust, and then you're all on your own. Of course, the next option is government run health care, and at that point, private companies will not be able to compete, forcing them out of business. That, my friend, is where socialism comes into play, and I sure hope you like the idea o mon-fri 9-5 health care. We pay the premiums that we do because ER's are not allowed to turn people away for failure to pay. Illegals know precisely which hospitals to go to take advantage of this. They go to the ER for a simple cold. Why do you think the average wait, IN THE ER!, is over 4 hours? You cut those costs, then hospitals can charge less for their services. Lower charges by hospitals results in less expenses for insurance companies. This, at least in theory, would result in reduced premiums for the people that actually pay for their health care. As for the people that cannot afford it? I know way too many people who choose to use their government subsidies to go out and buy a damn tv instead of paying for health insurance. As nice as it would be for everybody to be equal and have the same things, that is not the way the world works. In fact, it CAN'T be that way. If people would start earning things, rather than expecting it all to be given to them, that would be a great start. Unfortunately, most of the changes that need to be made cannot be made by the government, I don't care what party is in power. They have to be made by the people. And if that doesn't happen, then we have another Greece on our hands

      January 31, 2011 at 4:16 pm | Report abuse |
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