Author Topic: Appeal filed with 11 Circuit in Obamacare  (Read 1935 times)

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Online Pandora

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Appeal filed with 11 Circuit in Obamacare
« on: March 09, 2011, 12:57:17 AM »
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Published: March 08, 2011
   
WASHINGTON -- The Obama administration has appealed the ruling by a federal judge in Florida that the individual mandate provision of the Affordable Care Act is unconstitutional and therefore the entire law is void.

The appeal was filed on Tuesday in Atlanta with the Court of Appeals for the 11th Circuit.

On Jan. 31, Judge Roger Vinson, of the Northern District of Florida, in Pensacola, ruled that it's unconstitutional to require people to purchase health insurance. And because that provision in the law cannot be removed from the rest of the Affordable Care Act (ACA), "the entire Act must be declared void."

Last week, Vinson stayed his opinion pending an appeal by the administration, but made the stay contingent on the administration filing the appeal within seven days.

The Supreme Court is expected to be the final arbiter on the constitutionality of the Affordable Care Act.

To date, Vinson and another judge have ruled parts of the law unconstitutional; three judges have upheld the ACA's constitutionality; and 13 courts have thrown out the case on various grounds.


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Offline John Florida

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Re: Appeal filed with 11 Circuit in Obamacare
« Reply #1 on: March 09, 2011, 09:13:37 AM »
Good let's move this ball forward.
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Offline AmericanPatriot

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Re: Appeal filed with 11 Circuit in Obamacare
« Reply #2 on: March 09, 2011, 09:53:36 AM »
Anyone know the leanings of this court?

Online IronDioPriest

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Re: Appeal filed with 11 Circuit in Obamacare
« Reply #3 on: March 09, 2011, 10:14:53 AM »
Anyone know the leanings of this court?

It's hard to find anything definitive about ideological leanings in a cursory search. But it appears from what I can glean that this is a pretty evenly divided court with many judges appointed by both Republicans and Democrats, and that it has somewhat of a socially conservative record - affirming prayer at public events, upholding zoning laws for adult entertainment, ruling in favor of former felon voting prohibitions, etc.

I would guess it will boil down to which judge or panel of judges rules on this case.
« Last Edit: March 09, 2011, 10:18:30 AM by IronDioPriest »
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Offline Alphabet Soup

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Re: Appeal filed with 11 Circuit in Obamacare
« Reply #4 on: March 09, 2011, 10:27:02 AM »
I would submit that it really doesn't matter. Even if they had chosen the 9th circus and gotten a unanimous opinion, this will be settled, for better or for the end of our country by SCOTUS. And it is that simple - either ØbozoScare dies a richly deserved death or America does.

If the left can mandate this, they can mandate anything.

I won't submit.

The courts can either join me or take their rightful place...in my crosshairs.

Offline Libertas

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Re: Appeal filed with 11 Circuit in Obamacare
« Reply #5 on: March 09, 2011, 10:28:20 AM »
Anyone know the leanings of this court?

Looks about half and half to me.  Can't always tell by who appointed them though...

http://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Eleventh_Circuit
We are now where The Founders were when they faced despotism.

Offline John Florida

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Re: Appeal filed with 11 Circuit in Obamacare
« Reply #6 on: March 09, 2011, 11:01:19 AM »
Soup's right it doesn't matter.They aren't the final sulution to this it's just another stepping stone.
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charlesoakwood

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Re: Appeal filed with 11 Circuit in Obamacare
« Reply #7 on: March 09, 2011, 01:19:09 PM »

The matter is will it be sooner or later.


Offline John Florida

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Re: Appeal filed with 11 Circuit in Obamacare
« Reply #8 on: March 09, 2011, 01:41:00 PM »

The matter is will it be sooner or later.



 I think knowing now that the SOB pre funded it later is an advantage to them in the sense that they blow a whole lot of money in the mean while.Even if SCOTUS kills it were out all that money.
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Offline Libertas

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Re: Appeal filed with 11 Circuit in Obamacare
« Reply #9 on: March 10, 2011, 07:34:08 AM »
Congress could pull the funding, but Obamakov would veto, but burying the measure in every single bill passed would be one way to try to hammer it through.
We are now where The Founders were when they faced despotism.