Archive for the ‘The Constitution’ Category
PENSACOLA, FL – A Florida federal judge has ruled that President Obama’s health care overhaul, “Obamacare,” is unconstitutional. The judge based his ruling on the law’s mandate that citizens must purchase health care, a requirement he said violates the Constitution. The ruling affects the 26 states who had joined together to file a case against the law, yet still has implications for the entire country.
U.S. District Judge Roger Vinson ruled Congress overstepped its bounds by instituting the individual mandate, but also said the entire law was unconstitutional since the individual mandate is not “severable.” Vinson ruled that as a result of the unconstitutionality of the “individual mandate” that requires people to buy insurance, the entire law must be declared void. ... Read Full Story
A federal judge has ruled Monday that a key part of Obamacare to be unconstitutional. U.S. District Judge Henry E. Hudson declared the Obama administration’s health care law unconstitutional, siding with Virginia’s attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court.
Virginia Republican Attorney General Kenneth Cuccinelli filed a separate lawsuit in defense of a new state law that prohibits the government from forcing state residents to buy health insurance. However, the key issue was his claim that the federal law’s requirement that citizens buy health insurance or pay a penalty is unconstitutional. ... Read Full Story
According to Bloomberg a legal challenge to President Barack Obama’s health-care overhaul can proceed, a federal judge ruled, turning aside Justice Department arguments that the lawsuit led by the state of Florida is at best premature.
U.S. District Judge Roger Vinson in Pensacola today allowed portions of the claims by 20 states to go forward, as he forecast he would after a day of oral arguments last month. The requirement to purchase health insurance is “simply without prior precedent,” Vinson wrote, allowing the suit to proceed. ... Read Full Story
Elena Kagan has been conformed by the senate as the newest Supreme Court justice, approving President Barack Obama’s second pick as president and making her the fourth woman to serve in the 221-year history of the court.
Kagan, Obama’s solicitor general and the former dean of Harvard Law School, will join the high court after its summer recess ends later this year, replacing retiring Justice John Paul Stevens, 90. As expected, the 63-37 vote confirming Kagan, who also served in the Clinton administration, was largely along party lines, with just five Republicans voting with Democrats to confirm her – and one Democrat, Senator Ben Nelson (D-Neb.), voting no.
Full Story: Politico
President Barack Obama plans to nominate Elena Kagan to the Supreme Court. Kagan is slated to fill the postiton that Justice John Paul Stevens will vacate.
NBC News’s Pete Williams reports:
Kagan, 50, served as the Dean of Harvard Law School from 2003 to 2009. Obama nominated her to serve in her current post as solicitor general early in 2009, and she won Senate confirmation by a vote of 61-31. She is the first woman to serve as solicitor general of the United States.
She was widely viewed as a front-runner when Obama was considering candidates for a Supreme Court opening last year, but the president ultimately chose Sonia Sotomayor for the job.
Unlike the other Supreme Court justices, Kagan has never before served as a federal judge.
Kagan would be the fourth woman ever nominated to the high court and continue a trend of Ivy League-educated lawyers who sit on the bench.
RICHMOND, VA – Virginia state law makers passed laws earlier this month that are intended to nullify proposed health-care legislation that carries with it mandates for individuals to purchase health insurance.
Virginia is the first state to pass a law that would allow its residents to opt out of the proposed federal requirement for individuals to purchase health insurance, which is one of the elements of the proposed health care bill currently pending in Congress. State legislatures in Idaho and Utah also approved similar measures this month that would limit the scope of the proposed legislation. Several other state legislatures also are considering similar laws and are promoting constitutional amendments that would limit federal requirements. Most are following Virginia’s lead in nullifying the mandate on health insurance… ... Read Full Story
Sen. Jay Rockefeller, a West Virginia Democrat, along with his aides, have spent months behind closed doors drafting a revised U.S. Senate bill that proposes giving the White House the power to disconnect private-sector computers from the Internet.
CNET News has obtained a copy of the 55-page draft of S.773 (excerpt), which still appears to permit the president to seize temporary control of private-sector networks during a so-called cybersecurity emergency.
The new version would allow the president to “declare a cybersecurity emergency” relating to “non-governmental” computer networks and do what’s necessary to respond to the threat. Other sections of the proposal include a federal certification program for “cybersecurity professionals,” and a requirement that certain computer systems and networks in the private sector be managed by people who have been awarded that license.
“I think the redraft, while improved, remains troubling due to its vagueness,” said Larry Clinton, president of the Internet Security Alliance, which counts representatives of Verizon, Verisign, Nortel, and Carnegie Mellon University on its board. “It is unclear what authority Sen. Rockefeller thinks is necessary over the private sector. Unless this is clarified, we cannot properly analyze, let alone support the bill.” Read full story here
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I am concerned about Sonia Sotomayor being confirmed as the latest supreme court judge. I am not comfortable with her decision in New Haven Connencut that ruled against the firefighters being promoted on merit. That was a bad decision and is being appealed to the Supreme Court. I am also very uncomfortable with her remarks found on the Youtube video where she speaks of policy being made from the bench.
Her latest quote “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion [as a judge] than a white male who hasn’t lived that life.” doesn’t bother me as much. I don’t think she is a racist.
Leading conservative commentators and news outlets have jumped on the 2001 Sonia Sotomayor quote claiming that she has said that Latinas are better than white men. If you read the quote in context, it’s clear that Sotomayor was merely saying that it’s inevitable that a judge’s personal race-based and gender-based experiences will impact judging, particularly in race and sex discrimination cases. As a result, she said, while such formative experiences can be enriching and contribute to wise decisions, a judge should also be aware of them in order to avoid being wholly dominated by them. She vowed “complete vigilance in checking my assumptions, presumptions and perspectives.”… ... Read Full Story