To state a federal law cannot mandate health insurance is one aspect of the law, BUT, to state the entire law has to be REPEALED 'if' the higher courts find this finding to be valid; provides no 'case law' or valid constitutional reason why the entire bill relies on one provision.
U.S. District Judge Roger Vinson's decision is already flawed and completely obvious he threw caution to the wind. It is an irresponsible decision from all perspectives.
U.S. District Judge Roger Vinson's decision is already flawed and completely obvious he threw caution to the wind. It is an irresponsible decision from all perspectives.
“I must reluctantly conclude (click title to entry - thank you) that Congress exceeded the bounds of its authority in passing the Act with the individual mandate,” Vinson wrote in his decision. “Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.”
Where does it state it is NOT severable? A parent's RIGHT to maintain health insurance for a dependant college student has nothing to do with an individual mandate. THAT is already demonstrated in its early implementation.
Where does it state it is NOT severable? A parent's RIGHT to maintain health insurance for a dependant college student has nothing to do with an individual mandate. THAT is already demonstrated in its early implementation.
If the entire law revolved around an individual mandate then no aspect of it could be implemented independantly,
Then Judge Vinson introduces MORE FICTION into the decision by referring to a watchmaker.
Since when does Papa Gepetto sit on the bench? If that is what decides the law then all a judge needs is a ruler.
It is all political theatrics.
Clyde Roger Vinson (click here) is with US District Court for the northern district of Florida.. He joined the court in 1983 after being nominated by President Reagan. Vinson is serving on “senior status (semi-retired).”
Vinson graduated from the Naval Academy with his Bachelor's Degree in 1962 then served six years on active duty on the US Navy as a Lieutenant from 1962 to 1968 during the Vietnam conflict before completing his JD at Vanderbilt University Law School in 1971.
Vinson spent his entire pre-judicial legal career as a Private practice attorney in the State of Florida from 1971 to 1983.
On the recommendation of U.S. Senator Paula Hawkins, Vinson was nominated by President Reagan on September 9, 1983 to a seat vacated by Lynn Higby whom at the time was assuming senior status. Vinson was confirmed by the U.S. Senate on October 4, 1983 on a senate vote and received commission on October 5, 1983. Vinson served as the chief judge from 1997 to 2004 before later assuming senior status on March 31, 2005.
