Monday, December 13, 2010

Health Care Law HR34590- #2471 - Breaking: Federal Judge Rules ObamaCare Unconstitutional - Update: Bill Argues Congressional Power Without Logical Limitation - Hot Air (2) Wall Street Journal: Judge Calls Health Care Law Unconstitutional (3) VIDEO: Greta Van Susteren Explains Effects of Ruling (4) Republicans Cheer Health Care Ruling - Wall Street Journal

Link to Judge Hudson's Opinion............
CNN has a breaking alert on a ruling by a federal judge in Virginia that rejects ObamaCare as unconstitutional: A federal judge in Virginia has ruled parts of the sweeping health care reform effort led by President Obama to be unconstitutional. This is the first federal court to strike down the law, contradicting other recent rulings the law was permissible. The key issue of contention was the “individual mandate” requirement that most Americans purchase health insurance by 2014. This case (Virginia v Sebelius) was the lawsuit brought by the states against ObamaCare. This is the test case that had the best chance of overturning the law, and the states have apparently won an important finding in the district court. According to Dan Foster at NRO, the judge ruled that Congress “exceeded its authority” by imposing an individual mandate to purchase insurance. Update 5:  Hudson hits the nail on the head with this:  Hudson rejected the government’s argument that it has the power under the Constitution to require individuals to buy health insurance, a provision that was set to take effect in 2014.  “Of course, the same reasoning could apply to transportation, housing or nutritional decisions,” Hudson wrote. “This broad definition of the economic activity subject to congressional regulation lacks logical limitation” and is unsupported by previous legal cases around the Commerce Clause of the Constitution.  Hudson — perhaps not inadvertently — just described the progressive agenda in a single sentence, and why the Constitution forbids it.  Stand by — more to come….  Read the entire article including all the updates..........


Judge Calls Health Law Unconstitutional - Wall Street Journal - A federal court ruled Monday that a central plank of the health law violates the Constitution, dealing the biggest setback yet to the Obama administration's signature legislative accomplishment. In a 42-page ruling, U.S. District Judge Henry E. Hudson said the law's requirement that most Americans carry insurance or pay a penalty "exceeds the constitutional boundaries of congressional power." The individual mandate "would invite unbridled exercise of federal police powers," wrote Judge Hudson, of the Eastern District of Virginia. "At its core, this dispute is not simply about regulating the business of insurance—or crafting a scheme of universal health insurance coverage—it's about an individual's right to choose to participate."  Read entire article.........


Administration officials told reporters last week that a negative ruling would have virtually no impact on the law’s implementation, noting that its two major provisions – the coverage mandate and the creation of new insurance markets – don’t take effect until 2014.  On Monday, however, Fox’s Greta Van Susteren disagreed with that sentiment, saying that the provision that was struck down includes most of the funding for the bill:The central issue in Virginia’s lawsuit was whether the federal government has the power under the constitution to impose the insurance requirement. The Justice Department said the mandate is a proper exercise of the government’s authority under the Commerce Clause.  Cuccinelli argued that while the government can regulate economic activity that substantially affects interstate commerce, the decision not to buy insurance amounts to economic inactivity that is beyond the government’s reach.  Read entire article.........

Republicans Cheer Health Care Ruling - Wall Street Journal -  Republicans seized on Monday’s ruling by a federal judge in Virginia that a central plank of President Barack Obama’s health care law – requiring most Americans to carry insurance – violates the Constitution. “Today’s ruling is a clear affirmation that President Obama’s health care law is unconstitutional,” Virginia Rep. Eric Cantor, the presumptive House majority leader next year, said in a statement.  The ruling by U.S. District Judge Henry E. Hudson says the mandate that most Americans have insurance or pay a penalty “exceeds the constitutional boundary of congressional power.” His decision – the first against the new law since the president signed it back in March – bolsters a key Republican argument against the plan during the year-long battle over the new law. They hailed the judge’s decision as vindication of their near-unanimous opposition to the plan.  “Today is a great day for liberty,” Utah Sen. Orrin Hatch proclaimed.  Speaker-designate John Boehner (R., Ohio), who has already promised that repealing the legislation will be among his top priorities next year, called the ruling “an encouraging sign for families and small business owners who have revolted against President Obama’s job-killing health care law and called for its repeal.”  Read more......

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