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    ObamaCare: Yet Another Federal Judge Says, 'Unconstitutional'

    Yet another federal judge -- this one in Pennsylvania -- has ruled that the individual mandate in President Obama's health care overhaul is unconstitutional. 

    Federal Courthouse Harrisburg, PA

    On September 13, 2011, Federal District Judge Christopher Conner found that the Commerce Clause of the U.S. Constitution does not give Congress power to require nearly all Americans to buy health insurance, whether they want it or not. 

    "The federal government ... is one of limited enumerated powers, and Congress' efforts to remedy the ailing health care and health insurance markets must fit squarely within the boundaries of those powers," he wrote. 

    If appealed by the Administration, Conner's ruling would be reviewed by the federal appeals court in Philadelphia.

    Three federal appeals courts have already reviewed the constitutionality of ObamaCare. One in Atlanta voted down the individual mandate, one in Cincinnati upheld it, and one in Richmond, Virginia, let it stand by rejecting challenges on jurisdictional grounds.  The Supreme Court is expected to resolve the disputes among the circuit courts either in the coming term (October 2011 through June 2012) or the following term (October 2012 through June 2013).

    We can't count on the courts, however. This law must be repealed by Congress -- and replaced with a patient-centered system.  

    Dean Clancy is FreedomWorks' Legislative Counsel and Vice President, Health Care Policy

    8 comments
    gem burke
    09/19/2011

    Pat, if the states don't fall in line, they withhold federal funds, they already do that on a number of fronts. You have probably approved some of the socialistic laws already, thinking they were a good thing, we all have. We do need some radical change

    Richard Conn
    09/16/2011

    FYI, Judge Conner was the 49th federal judge to be appointed by President George W. Bush on Feb.28, 2002 but wasn't confirmed by Congress until 5 months later. Judge Conner earns base salary of $169,300.00 a year for the rest of his life. He can also add another $21,000.00 teaching off the bench. How does n e one expect a republican judge to vote on a democratic issue? And how many people do you know that makes $200K a year and still gives a damn about low or middle income people? Use your common sense people. The Bushs allowed our economy to get this way, and to this very day, not one Republican has come up with an idea on how to get our nation out of this mess the Republicans put us in. If you want to put the blame on someone, the shoes belong to the Bush family. And if you can't see that, keep smoking that Tea Party stuff. Republicans will take all handouts and money you have to give to them to wine and dine but refuse to do their elected jobs. But it's always easier to blame the other guy, President Obama did this to us. Are you all that naive?

    gem burke
    09/19/2011

    Give it up conn. all the lies and spending of the nobama administration cannot be blamed on Bush. Just look at the raises he has given his staff, up to 120%. So how much has your raise been? Apparently you have already started on your obamacare self rectal exam. It is time to come out and get in touch with reality.

    Edie Buffington
    09/14/2011

    Most states will not use the 10th Amendment. We The People must vote in members of the Senate and the House who are conservative and who will follow the "limited powers" of the Constitution. We Tea Party members will be coming in 2012 for the White House as well.

    Richard Conn
    09/16/2011

    This talk about a so-called Tea party reminds me of a TV series that used to be on TV called "HeHaw". Anyone remember that show? It's pretty damn funny. The last time I checked with the United States Election Board, there's a Democratic Party, a Republican Party and an Independent Party. Would someone enighten me how does a person call themself a "Tea Party"? or do we just make up imaginary things in our head because someone else says "Follow me"? How do you Tea Party party-goers sleep at night, with your neighbors wife? See ya in 2012 and what we just saw happen in the great labor state of Wisconsin, where the Democrats picked up 2 seats in the recall election, watch what happens, again, in 2012. Maybe then you might decide to stop throwing your money away on Republican want-to-be Presidents surf-n-turf meals, lavish hotels and high-priced call girls. I don't want any part of that nonsense and you shouldn't either. Not one republican hopeful has a genuine plan to help our USA, but they sure know how to put down their counter-part running mates and President Obama. The truth is as long as there are more lower and middle class voters, the Republicans don't stand a ghost of a chance. And that you can bank on.

    Patricia Rasmussen
    09/13/2011

    What courts say about obamacare is irrelevant. All states need to do is refuse to implement it, per the 10th Amendment

    Richard Conn
    09/16/2011

    You see Patricia and Don, Edie has it already figured out that you don't know what your talking about. Edie wants each of you to mail her a check for $10,000.00 made payable to Edie T P Buffington and all your troubles will be solved. Doesn't that sound easier then trying to get your entire state to vote no? It almost worked in Wisconsin. It will never fly in Florida, we're headed for a new Democratic Governor. This Governor Scott in Florida spent millions of his own money just to have the Florida Senate, and now the people, laugh at him. Rumor has it former Governor Charlie Crist is running this time as a true Democrat. My money is on Charlie to win by a landslide. And President Obama too. Even in the House, the Dems will take control back again. And then USA will be great again.

    Don Kiss
    09/14/2011

    I agree! If the courts don't rule in favor of reason and freedom on this issue by correctly ruling it unconstitutional, the states simply need to refuse to implement it.

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