It’s Unconstitutional!
U.S. District Court Judge Henry Hudson has struck down a cornerstone of ObamaCare, the Individual Mandate, as unconstitutional! This places the future of most of the provisions of ObamaCare in deservedly dire peril.
This is not an unexpected verdict. Judge Roger Vinson had foreshadowed this ruling in his response to Obama’s legal myrmidons’ earlier attempts at dismissing a similar case.
Additionally the Congressional Budget Office had made similar statements as far back as 1994, so the verdict by U.S. District Court Judge Henry Hudson can’t be considered a surprise by any rational American.
Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market. In doing so, enactment of the [individual mandate] exceeds the Commerce Clause powers vested in Congress under Article I [of the Constitution.]
–U.S. District Court Judge Henry Hudson
Virginia v. US Dept. of Health and Human Services
Hopefully this will, with the Republicans having ousted so many neo-Socialist Democrats from Congress, lead to the swift de-funding and eventual repeal of most, if not all, of the provisions of ObamaCare. With the financial cornerstone of the legislation, the Individual Mandate, being ruled unconstitutional and, therefor, illegal, there is really no other financially viable option.
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Keep your eyes open. Travel light but load heavy, and always put another round in the enemy after they’re down. 😉
Tags: America | Federal Courts | Florida | Healthcare | Hudson | Insurance | Law | Obama | Politics | Sebelius | The Constitution | Vinson | Virginia
December 13th, 2010 at 4:29 pm
That was the main thing I didn’t like about the whole Obamacare thing. I know it was put in place to help pay for health care, but I knew it wouldn’t pass with it on there. People who believe in faith healing, for instance, won’t want to pay in to health care they won’t use due to religious beliefs.
December 13th, 2010 at 4:31 pm
Yep. Them, the “non-traditional” medicine sorts (Me), and a lot of young, single people…
December 13th, 2010 at 4:33 pm
I never really felt that the Mandate was right. It basically penalized people for being here legally. The thing is, if you were registered here as a citizen as would have had to pay it, but if you are not here legally, you would still get health care but you wouldn’t have to pay for it, which really didn’t sit right with me.
December 13th, 2010 at 4:36 pm
Yes; that was a huge problem with it.
My one worry is that they won’t manage to repeal most of it and that, without its primary funding vehicle, it will be even worse for the economy and for health insurance rates.
December 13th, 2010 at 4:39 pm
Rates are already up, and do you think if the do repeal it that they’ll go back down? Once they go up, these companies won’t let them go down. The one thing I agree with Joe’s mom about is that the best way to lower health care costs is to start putting limits on medical malpractice lawsuits, and stop awarding people ridiculous sums of money for things like “Mental Anguish” and “Psychological Trauma.”
December 13th, 2010 at 5:00 pm
They could go down in the wake of a repeal of ObamaCare, but I doubt it, since most of the provisions in ObamaCare that resulted in those rate increases won’t be, and probably shouldn’t be in most cases, repealed.
I agree about the tort reform as a true means of reducing healthcare costs, Amber.
December 13th, 2010 at 5:42 pm
I do think that health care professionals should be held accountable for their mistakes, but so many of the cases where people are suing for things are just so out of hand. I also think law suits should be banned in cases where the outcome was bad, but the family/patient were warned ahead of time that problems were common/likely.
December 13th, 2010 at 5:55 pm
Pretty sound thinking, Amber.
January 7th, 2011 at 4:47 pm
[…] Coy’s commentary on US District Court Judge Henry Hudson’s decision in Virginia v. US Dept. of Health and Human Services is par for the course when it comes to these […]
February 2nd, 2011 at 11:50 am
[…] has become almost commonplace and as was foreshadowed by his stated reasons for his refusal to dismiss all portions of Florida v. […]