Michigan Judge Declares Obamacare Constitutional

by | Oct 28, 2010 | Headline News | 28 comments

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    The judicial fall out from the health care has begun. A federal judge in Michigan has ruled the Obamacare legislation, which forces individuals by Congressional mandate to purchase health care, Constitutional:

    President Barack Obama won the first round in the legal battle over the healthcare reform act after a federal judge in Michigan ruled that the law’s “individual mandate” requiring people to buy health insurance is constitutional.

    But Judge George Steeh ruled that “the Commerce Clause affords Congress broad power to regulate even purely local matters that have substantial economic effects,” finding that “by choosing to forgo insurance plaintiffs are making an economic decision to try to pay for healthcare services later, out of pocket, rather than now through the purchase of insurance, collectively shifting billions of dollars, $43 billion in 2008, onto other market participants,” according to court documents.

    “In 2014, the Act will bar insurers from refusing to cover individuals with pre-existing conditions and from setting eligibility rules based on health status or claims experience. At that time, all Americans will be insurable. Without the minimum coverage provision, there would be an incentive for some individuals to wait to purchase health insurance until they needed care, knowing that insurance would be available at all times,” Steeh wrote. “The uninsured, like plaintiffs, benefit from the ‘guaranteed issue’ provision in the Act, which enables them to become insured even when they are already sick. This benefit makes imposing the minimum coverage provision appropriate.”

    Source: Med City News

    Judge Napolitano, of Fox News, disagrees with the Constitutionality of the insurance requirements, stating that the Michigan judge may have determined the provision is appropriate by Commerce Clause standards, but not the rest of the Constitution. According to Napolitano, the Michigan judge is using a “very expansive theory of the Commerce Clause of the Constitution which basically says Congress can regulate any activity, which when added up alongside of similar activities, would have an effect on interstate commerce.” According to Napolitano, the judge “did that without ever specifically addressing the issue of whether or not Congress can force you to purchase health care.”

    The notion that the judicial branch of the United States can rule in favor of Congress forcing an individual citizen to purchase a specific product or service is a dangerous one, and will reverberate for decades, if not centuries to come.

    If President Obama’s health care legislation is eventually found to be Constitutional, the precedent will have been set. At that point, there will be no limit to what the government of the United States can force the people to do in matters of commerce and personal consumption.

    Watch Judge Napolitano:


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      1. Not surprising in this f’ed up state of Michigan. this is what happens when you have 10  recent years, and 50 overall years ruled by libtards.  This will be overturned though, virtually every Republican running for State office have an overwhelming lead in the polls (just goes to show how much influence the unions have lost here with the demise of the auto companies).

        At least a few of the new politicians will have the guts to correct this grievous error. And if they don’t fight it, they will be gone also. People here have had enough.

      2. The stench from the bench is making me clench. He works for United States District Court for the Eastern District of Michigan and their phone number is (313) 234-5005, call and let him know what you think but be charitable.

      3. Napolitano isn’t biased, HA HA, FOX NEWS shrill. Our health insurance up 35% in the last two years. Republican plan????? Nothing!!!!

      4. He may be a judge but he sure has no concept of reality or original intent,he is just plain wrong!
        I cant speak for others but hell will have to freeze over repeatedly before I bow down to obamabinlyin, and I suspect theres alot more like me than like this judge,sad that a fool can be a judge…I really dont believe longterm that he’ll get the support he needs to impose this crap,but I’ll cross that bridge then.

      5. Screw that Judge …

        We will not comply !!!

      6. Just in time, riiiiiiight.  I mean faaaar left.  I find the judge unconstitutional!  All for the greater good.  Right!  Let’s kick the can a little further being there’s no money to pay back to the boomers.  Quad trillion in a few years.

      7. healthcare in america is the best in the world and it’s certainly
        worth every penny that the insurance companies charge to see we all get the best care.  the proof that america has excellent quality hospitals, clinics and doctors is that people from around the world come here to america for medical care. the world renowned cleveland clinic and  mayo clinic even have state of the art facilities in florida and arizona so they can readily take excellent care of indigent illegal immigrants so when hese people  get sick  they don’t spread diseases to the rest of us.

        everybody must man up and pay their share of the current overall  reasonable costs for healthcare insurance in order to provide a reasonable profit for the healthcare  insurance companies and  excellent quality healthcare services.

        so the bottom line is man pant up guys especially you younger guys….. stop chiseling off the wealthy the way most of you usually do all the time and and pay your fair share of something for once…

        PALIN/O’DONNELL 2012

      8. One of this nations very real problems in the past decade is judges who try to create laws and policies from the bench when they should be interpreting what the Constitution and the founding fathers intended. Since they don’t like what the Constitution says, they change it fromt the bench and in doing that they set precedence that can be used to build upon for future cases. Each time this moves this nation further away from our Constitutional rights.  The far left want us all to be forced to the far left. There is nothing “liberal” about these people. They are political bullies.

      9. Comments…..it’s all part of the plan. This judge is a bought and paid for Osama man. This whole Obama care fiasco will come to a head soon enough, as millions of people let the government know how they feel about it.  But make no mistake about it.   Just because the majority of people ar against it, doesn’t mean they’ll reverse it.. These congressional reps are also bought and paid for.
             The full court Osama press is in full swing.  I hope the people that voted for this doofus choke on their own spittle.  That would be a change I’d like to see.  But I mean that in the nicest way…….

      10. Comments….. You didn’t see this coming?

        The rule of law is based uypon the Costitution and precedence. Long ago, stupid humans demanded liability insurance just in case they had an accident and everyone knows, it will be the other person’s fault. So we got a ruling that driving was a priviledge and therefore conditional. The condition? Pass a state determined driving exam and get liability insurance.

        So now we have the government picking up the tab for health costs for a large segment of the populace. Effectively, we have an entitlement issue. Government wants out of the paperwork management end of the mess.

        So we got “ ObummerCares?” where we consolidate all the government health-care agencies (VA, medicare, medicaid, Native Health Service, public health service, etc) into a single agency that subsidises the insurers for those who don’t make enough for the premiums. Tremendous costs savings. Now here is where it gets interesting. The insurers are for-profit corporations. They pay nice corporate taxes now, when this takes effect, tax revenue stream increases.

        The behind the scenes issue is, drum roll please, where do you think the insurance company invested the money they have been getting paid as premiums? What same companies besides selling insurance also manage pension plans for a gazillion other folks? Think about it. If the insurers/pension plans lost beaucoup dinaro in the mortgage mess, who’s gonna pay the bills?

        So, …  How do we fill the empty insurance company coffers and give the illusion that everything is fine in Mudville?

        Do you have any idea what will happen when pensioners and unions find the well has gone dry? Congress does. The FED does. The insurers know. And a small segment of the intellectuals know.  The public doesn’t and won’t believe it.

        Everything is connected to everything.
        Everything has to go somewhere.
        There ain’t no such thing as a free lunch. TANSTAAFL

        In the name of “Fairness” we demanded and Congress enacted a plethora of social programs. We attempted to pay for them, but as the costs increased beyond the willingness of the people to openly pay for, we turned to borrowing.

        We attempt to legislate “fairness and morality” and it has always failed. Oh we put some in jail, but the intent is to stop persons from engaging in behavior we find offensive. It fails to stop behaviors because that behavior is part of the nature of the beast. Nature ain’t fair.

        So we are faced with a “pay it forward” insurance program.  You wanted fair, you got fair. This is a tax, cleverly hidden, to pay for your damn fair. Everyone in the game makes money, tax revenues are up and government can crow about cutting costs. We always paid, we always will.

        To bad people panic easily and act foolishly. They will break too much of the system out of rage. Everyone loses.

      11. In the midst of this disagreement of Constitutional principles, I pray that nobody out there decides to take the law into their own hands regarding this judge.

      12. What’s a constitution?

      13. Constitution:  (CON STI TU SHUN); Olde English;
        1.  A fundamental legal document (archaic definition), which may be altered via the amendment process (although this process is arduous, it is a valid method of alteration),
        2.  A living document which, although similar to a fixed legal document, has great flexibility and is open to wide interpretation given that the paper it is written on has somehow achieved the ability to breathe.

        Related:  Constitutional
        1.  A walk in public.  Not advised for activist judges.

      14. Guess im in contempt than..well that wouldnt be the first time,,
        besides why should any British Acredited Registry student know whats right or good for me?
        just because he passed a BAR exam..one that isnt even American, makes him think he can tell anyone what they will or wont do?
        That Punk has no idea whats headed his way..
        Ive said it before and Ive been saying it for years and years
        Lawyers and Judges are a huge problem in this country..
        along with politicians, and people who are front runners for the Darwin Award..
        Not surprised here..not one bit

      15. Guess im in contempt than..well that wouldnt be the first time,,
        besides why should any British Acredited Registry student know whats right or good for me?
        just because he passed a BAR exam..one that isnt even American, makes him think he can tell anyone what they will or wont do?
        That Punk has no idea whats headed his way..
        Ive said it before and Ive been saying it for years and years
        Lawyers and Judges are a huge problem in this country..
        along with politicians, and people who are front runners for the Darwin Award..
        Not surprised here..not one bit

      16. We have a clown on the comedy show.  You are the enemy.  The gays are allowed to join the U.S. military openly.  Health care charge is legal.  Illegal aliens can vote along with the dead & incarcerated sitting in prison.  The people that don’t vote, voted absente without your knowledge.  Take over of your investments is next.  They will stoop to a new low.  Our dollar is the next bubble to pop.  Commodities will grow along with your taxes & the growling in your stomach. $6 fuel & a real war anyone?  Name your child the most popular name. 

      17. @ lostinmissouri

        To answer your question, BarockOchimp says it’s that white paper rolled up in your bathroom.

        But for many of us it is what we will live and die for it is not just paper to wipe our ass with it is paper to wipe the shit out of our guberment.

      18. Good for all the libtards in Michigan.  They get what they deserve.
        Let all the blue states wallow in this obmination of a law (where 49% of losers who are on the govt. tit and don’t pay any Federal taxed and use a huge chunk of it) and let the red states thrive without it and the dregs of society.  I hate the idea of a collapse, but it make it much easier for me to think to get by knowing that all the govt. bloodsuckers will be knifing each other in the back for a loaf of stale bread.
        Freedom will ring on Nov.2!


      19. OMG, This Universal health care is another “Black Hole Debt.”  It’s not about contempt. It’s all about who wants to follow orders from crooked politicians/ traitors who are “obstructing justice / Bill of Rights / The U.S. Constitution.”  ????

        “If you make PEACEFUL change impossible, you make violent revolution inevitable.”  John F. Kennedy

        The same thing with “car insurance aka personal injury” which enriches bankers/insurance co.

        New Jersey state is one of the worst states for personal injury FRAUD, and we’re the people have to pay for all.

        “ Tell a lie loud enough and long enough and people will believe it.”  Politician

      20. I was using “contempt” tongue in cheek

        And i completely agree with you Jane
        Traitors is the perfect name for them all.

      21. Comments…..Lots of talent and brains pitted against one another…….and, the tough decison goes to the amobea……..for whom to vote, or just fuck it all and live until death.

        I just quoted a nice guy … . Not for mushroom.

      22. http://www.youtube.com/watch?v=rGaRtqrlGy8

         Third world countries? The USA is a third world country. What like 40% living below poverty level and 43million on foodstamps. 27 million unemployed and climbing. At what point do we start to admit it? 

        JUST for mushroom !!

      23. if people can’t pay for healthcare -i mean cash in ten dollar bills up front off the books then dammit i say it’s obvious what must be done.

        doctors need their million dollar waterfront homes and gas guzzling carbon excreting mercedes and hospital executives need that morass of hypercomplicated paperwork to hide  all those ten dollar bills they generously give to their pretty secretaries under the table twice a week. all this costs lotsa ten dollar bills.

        if  sicko freeloaders can’t pay up front for their penicillin with fresh crisp united states federal reserve ten dollar bills then dammit let them die in the gutter where they belong. it’s the american way. it’s darwin time. tick tock it’s survival of the fittest. it’s either the ten dollar bill or the metastatic staphylococcal bronchoalveolarcarcinoma.

      24. When liberal judges go against American principles like that, why aren’t they hit with a treason charge? This jackass doesn’t belong anywhere near a bench.

      25. it’s the american way. it’s darwin time. tick tock it’s survival of the fittest.

        I find it interesting that Liberals in general subscribe to the survival of the fittest school of thought yet spend so much time and energy continually demanding that our government legislate away the repercussions of such an insipid philosophy as Darwinism. These “enlightened” individuals will support a government which  takes from the strong and gives to the weak, the lazy, the corrupt, and the ignorant; legislating away the rights of the strong to protect what is rightfully theirs, demanding equality where even Nature itself demands otherwise; and continually lowering the bar of human excellence and achievement until those which should have died under the Survival of the Fittest model are the kings and queens of  the shitpile you Liberal bastards have created. Without government intervention you are nothing.

      26. Comments…..unfuckingbelievable

      27. The United States has no legislative jurisdiction outside of the District of Columbia.  It’s judges cannot make rulings that have effect on the people of the states.

        Notice the word “benefit” used.  That is how they trap you.  If you have a SSN then you are a federal beneficiary, one who gets  benefits.  They can tell you exactly what to do and you will have to do it under a presumed contract.  If they ever come knocking, make them show you the contract.

        The judge has no say over my life or property.  I refuse the benefits, and I reject the ruling of a foreign judge on foreign law.  He can rule as he wishes concerning government affairs, my law comes from elsewhere.

      28. exactly Free man. the word “benefit” jumped out at me too. the healthcare bill is constitutional in the same way taxes are constitutional. if you’re receiving some “benefit” from the government they can make you buy healthcare and pay taxes. you just have to figure out what the so called benefit is and opt out.

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