Obama Care Hammered by Federal Judge

by Ryan on December 13, 2010

in Health Care,Politics

The individual mandate, the crux of Obama Care, the door from which the single-payer system will one day enter to permanently ruin our health care system, was ruled unconstitutional by federal judge Henry E. Hudson today.  Without the individual mandate, the main point of Obama Care falls flat and the law (like his presidency) becomes flaccid.

It’s only one court (two others apparently think that punishing an individual’s decision NOT to purchase a service is somewhere found in a constitution designed to limit government authority), but it’s hard to argue with Virginia’s attorney general:

“The status of being a citizen or resident of the Commonwealth of Virginia is not a channel of interstate commerce; nor a person or thing in interstate commerce; nor is it an activity arising out of or connected with a commercial transaction.”

In a federal system, this should be a state issue.  Unless we dump the constitution and devolve into a “national” government, there should be 50 different laws governing 50 different states regarding health insurance, car insurance, flood insurance or whatever.

At the end of the day, Hudson’s ruling is definitely a positive step on the way to the Supreme Court… unless it gets repealed first!  One hopes.

{ 1 comment… read it below or add one }

Chris Taus December 14, 2010 at 4:15 am

I think the judge was right–this was heard on motions for summary judgement and the other 400 provisions were not involved. The doctrine of severability does not allow the dumping of an entire law in the absence of a severability provision, just all those provisions intertwined with the provision which is struck down. And that is exactly what Judge Hudson has done.


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