[identity profile] gunslnger.livejournal.com posting in [community profile] talkpolitics
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.

(no subject)

Date: 9/9/11 01:56 (UTC)
From: [identity profile] kylinrouge.livejournal.com
Any one citizen in Virginia forced

Okay, so individuals Virginians have standing. How does VIRGINIA itself have standing?

(no subject)

Date: 9/9/11 02:01 (UTC)
From: [identity profile] yahvah.livejournal.com
Virginia's law stating no Virginian must buy health insurance, though a response to Obamacare, stands because it passed and its within their constitutional power. The 10th amendment reigns supreme in Virginia while Congress has no such power to contradict the 10th.

(no subject)

Date: 9/9/11 02:06 (UTC)
From: [identity profile] kylinrouge.livejournal.com
Federal law supersedes state law whether it's constitutional federal law or not.

Only a citizen that has suffered damages because of the federal law can challenge its constitutionality in court.

This is really easy, yahvah.

(no subject)

Date: 9/9/11 02:07 (UTC)
From: [identity profile] yahvah.livejournal.com
Yeah dude, that's why the 10th amendment reigns supreme. Congress has no power to reign supreme in this matter, and the 10th amendment does reign supreme. That's why Virginia can challenge the constitutionality of the acts of Congress in court. This is really easy, kylinrouge.

(no subject)

Date: 9/9/11 03:37 (UTC)
From: [identity profile] kylinrouge.livejournal.com
Invoking the 10th amendment is not what I asked for. I asked for you to demonstrate Virginia's standing using the legal definition of standing.

(no subject)

Date: 9/9/11 11:13 (UTC)
From: [identity profile] yahvah.livejournal.com
As far as my opinion is concerned, this bullshit quibble you want to cling onto over the "legal definition of standing" is a red herring the court's going to use because it has no truthful argument as to why Congress can legitimately force an individual citizen of any state in the United States to purchase a good or service. Congress is like the mobster dudes rollin' up in your 'hood telling you "buy our protection or else."

(no subject)

Date: 9/9/11 18:51 (UTC)
From: [identity profile] kylinrouge.livejournal.com
So, you're unable to prove Virginia has any standing in this case, just like the court did. Thanks.

(no subject)

Date: 9/9/11 21:51 (UTC)
From: [identity profile] yahvah.livejournal.com
Your tactic is clever.

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