
02-03-2011
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Senior Ladyboy Lover
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Join Date: Oct 2008
Location: S. Calif.
Posts: 2,502
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Quote:
Here is an excerpt of the judge's conclusion:
The existing problems in our national health care system are recognized by everyone in this case. There is widespread sentiment for positive improvements that will reduce costs, improve the quality of care, and expand availability in a way that the nation can afford. This is obviously a very difficult task. Regardless of how laudable its attempts may have been to accomplish these goals in passing the Act, Congress must operate within the bounds established by the Constitution. Again, this case is not about whether the Act is wise or unwise legislation. It is about the Constitutional role of the federal government.
For the reasons stated, 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. The health care market is more than one sixth of the national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute has been about how Congress chose to exercise that power here.
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.?
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The judge obviously was reluctant to rule it unconstitutional and realized there is an urgent need to have affordable health care in this country.
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"Man's capacity for justice makes democracy possible; but man's inclination to injustice makes democracy necessary." R.N.
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