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Obama’s Health Care Law Ruled Unconstitutional

December 13, 2010

From this link:

RICHMOND, Va. (AP) — A federal judge declared the foundation of President Barack Obama‘s health care law unconstitutional Monday, ruling that the government cannot require Americans to purchase insurance. The case is expected to end up at the Supreme Court.

In his order, U.S. District Judge Henry E. Hudson said he will allow the law to remain in effect while appeals are heard, meaning there is unlikely to be any immediate impact on other provisions that have already taken effect. The insurance coverage mandate is not scheduled to begin until 2014.

Even so, Republicans in Congress celebrated the ruling as validation of the arguments they had made for months while the law was pending. Rep. Eric Cantor, R-Va., issued a statement urging the White House to agree to expedite a final ruling by appealing directly to the Supreme Court without first stopping at an appeals court.

Hudson is the first federal judge to strike down a key part of the law, which had been upheld by fellow federal judges in Virginia and Michigan. Several other lawsuits have been dismissed and still others are pending, including one filed in Florida by 20 states.

White House health reform director Nancy-Ann DeParle said the administration is encouraged by the two other judges who have upheld the law. She said the Justice Department is reviewing Hudson’s ruling.

The government had argued the Commerce Clause of the Constitution gives it the power to require people to buy health insurance or face a penalty.

Hudson sided with Virginia Attorney General Kenneth Cuccinelli, who argued the mandate overstepped the bounds of the Constitution. But he acknowledged his court will not be the last stop.

3 Comments leave one →
  1. December 13, 2010 5:10 pm

    Of course republicans oppose the mandate – which was originally John McCain’s idea. No, we haven’t forgotten. Obviously politics is more important than basic humanity.

  2. rene permalink
    December 17, 2010 10:54 pm

    The judge is right… noone in this county should have to buy anything. But what should happen is some kind of legislation that provides health care to those who are uncovered and supplemental insurance those with too little insurance or for insurances that will not pay for badly needed “experimental” procedures. –That would be best instead of pumping more and more money into Fall Street, the “war” or into the negligent pacification of Israel.

    • December 20, 2010 12:12 am

      If this judge is right, I’m hopeful the Republicans will mount an attack on the unconstitutional mandates for both auto insurance and homeowners insurance. And before you tell me there is no mandate for homeowners insurance, let yours lapse and see how long your bank allows you to keep your mortgage.

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