ext_284991 ([identity profile] gunslnger.livejournal.com) wrote in [community profile] talkpolitics2011-09-08 01:04 pm

(no subject)

Federal appeals court blocks state lawsuit over health care reform law

...the three-judge panel concluded Thursday the state lacks the jurisdictional authority to challenge the 2010 law.

A separate lawsuit by private Liberty University also was rejected on similar grounds.

This leaves the question of who the hell does have standing?

The Richmond-based court becomes the second such federal court to uphold the constitutionality of ...

The court ruled on technical grounds, not the larger constitutional questions...

Who is worse, the reporter that writes self-contradicting articles, or the editor who lets it through to print?

I can't put my opinion on here, because I'm asking questions I don't actually know the answer to.

[identity profile] underlankers.livejournal.com 2011-09-08 08:10 pm (UTC)(link)
And this is of course a sign that not everybody agrees that this law is unconstitutional. Interesting how such decisions are vague and self-contradictory when they disagree with ideological principles and concise and accurate when they agree with said principles.

[identity profile] kylinrouge.livejournal.com 2011-09-08 08:12 pm (UTC)(link)
I see you conveniently left out the most important part:

"If we were to adopt Virginia's standing theory, each state could become a roving constitutional watchdog of sorts; no issue, no matter how generalized or quintessentially political, would fall beyond a state's power to litigate in federal court. We cannot accept a theory of standing that so contravenes settled jurisdictional constraints," said the ruling.

[identity profile] telemann.livejournal.com 2011-09-08 08:14 pm (UTC)(link)
Interesting, since that's one of the most consistently conservative circuits in the country.

[identity profile] luvdovz.livejournal.com 2011-09-08 08:19 pm (UTC)(link)
I can't put my opinion on here

Of course you can't. Most (http://talk-politics.livejournal.com/1008958.html) of your posts consist of (http://talk-politics.livejournal.com/1016798.html) some copypasta (http://talk-politics.livejournal.com/1150718.html) (or a video (http://talk-politics.livejournal.com/1135721.html)) plus a single line (http://talk-politics.livejournal.com/984288.html) or two.

[identity profile] telemann.livejournal.com 2011-09-08 08:29 pm (UTC)(link)
rofl.

[identity profile] underlankers.livejournal.com 2011-09-08 08:50 pm (UTC)(link)
It does have to do with the constitutional issue of nullification Tea Partiers want to resurrect from the grave.

A federal appeals court has tossed out Virginia's lawsuit against the sweeping health care reform effort championed by President Barack Obama, after the three-judge panel concluded Thursday the state lacks the jurisdictional authority to challenge the 2010 law.

[identity profile] underlankers.livejournal.com 2011-09-08 08:56 pm (UTC)(link)
Nah, it's pretty much relevant to that. I'm sure if it was an opinion you agreed with such nuance would not matter.

[identity profile] luvdovz.livejournal.com 2011-09-08 09:02 pm (UTC)(link)
There's very little opinion, if any, in any of these posts. You basically say: "Here, watch this / read this. It's good/bad/dumb/boring/awful. Discuss." I'd be glad to see you expand a bit.

[identity profile] zebra24.livejournal.com 2011-09-08 09:34 pm (UTC)(link)
That's usually better than lot's of crap based on couple stupid ideas... :)

Wait, what?

[identity profile] bikinisquad3000.livejournal.com 2011-09-08 09:34 pm (UTC)(link)
You had already received and replied to this comment (http://talk-politics.livejournal.com/1150718.html?thread=91556862#t91556862) when you wrote this. I don't get it, doesn't that part of the ruling speak directly to whether the state has a constitutional power of nullification in general?

[identity profile] luvdovz.livejournal.com 2011-09-08 09:52 pm (UTC)(link)
I didn't much get what you were saying, but OK :)

[identity profile] a-new-machine.livejournal.com 2011-09-08 10:05 pm (UTC)(link)
This leaves the question of who the hell does have standing?

Maybe nobody. Maybe people who are actually affected by it as-applied.

[identity profile] kylinrouge.livejournal.com 2011-09-08 10:06 pm (UTC)(link)
The reasoning behind WHY they blocked it sure as hell is important to your post.

This leaves the question of who the hell does have standing?

This question is what I'm referring to. You seemed honestly surprised that they didn't have any legal standing.

[identity profile] yahvah.livejournal.com 2011-09-08 10:31 pm (UTC)(link)
Ultimately this whole ordeal is a matter of construction. Will you agree with the man who wrote the constitution who said if your construction is limitless then you defeat the purpose of enumeration of power, or will you disagree with him and defeat the purpose of enumeration of power? You may think you're being given a false dilemma. You would be wrong. If you use the general welfare clause as a way to construct an argument of going from the general to any particular you please, you have the power to do whatever you please. Why bother enumerating power?

[identity profile] badlydrawnjeff.livejournal.com 2011-09-08 10:32 pm (UTC)(link)
It was until Obama appointed two of 'em.

[identity profile] onefatmusicnerd.livejournal.com 2011-09-08 10:32 pm (UTC)(link)
It is not a particularly radical ruling to say that a state does not have standing to argue that a mandate on individuals is unconstitutional. The state is not a party to such a mandate.

[identity profile] onefatmusicnerd.livejournal.com 2011-09-08 10:33 pm (UTC)(link)
I suspect, but I am to lazy to read the actual ruling, that someone would have to be in danger of paying the $800 fine to have standing over the individual mandate.

[identity profile] onefatmusicnerd.livejournal.com 2011-09-08 10:35 pm (UTC)(link)
I am pretty sure that court was simply restating a prohibition on third party standing.

[identity profile] telemann.livejournal.com 2011-09-08 10:37 pm (UTC)(link)
Elections. Consequences I suppose :-)

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