RSSVirgina U.S. District Court Judge Henry E. Hudson Rules that Federal Mandate in Obamacare Unconstitutional
Breaking legal ruling form Virgina U.S. District Court Judge Henry E. Hudson ruled today that the federal mandate to force US citizens to buy insurance in Obamacare is unconstitutional. This is a crushing blow to Obama and his “federal” mandate to force all Americans to purchase insurance. The federal mandate is the key linchpin of Obamacare. This is the first federal court to strike down the law, contradicting other recent rulings the law was permissible.
On the merits, the judge sided with Virgina! The ruling can be read HERE.
A Virginia federal judge is expected to rule Monday on whether the Obama administration’s health law violates the Constitution, opening a new stage in the administration’s defense of its biggest legislative achievement.
The ruling by District Judge Henry E. Hudson is perhaps the most significant so far among a slew of state-based legal challenges to the law, which also faces attack by newly resurgent Republicans in Congress. More than 20 federal lawsuits have been filed against the health overhaul since President Barack Obama signed it in March.
While the cases differ somewhat, they largely rest on the argument that Congress lacks constitutional authority to require most Americans to carry health insurance or pay a fee. The Obama administration counters that three clauses of the Constitution gave Congress the power to put the requirement, known as the individual mandate, in the law as part of regulating how people pay for health care.
The Virginia challenge is led by that state’s attorney general, Republican Ken Cuccinelli. Separately, U.S. District Judge Roger Vinson in Pensacola, Fla., on Thursday will hear arguments in a challenge brought by officials in 20 states. He could offer the clearest indication yet of how he will rule.
Obamacare sufferers crushing blow.
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.
There was no immediate comment from the White House.
From Hot Air in analysis of Judge Hudson’s ruling. BINGO!
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.
Posted December 13, 2010 by Scared Monkeys Barack Obama, Healthcare, Judicial, Legal - Court Room - Trial, Obamacare, Obamanation, We the People | 13 comments |
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13 Responses to “Virgina U.S. District Court Judge Henry E. Hudson Rules that Federal Mandate in Obamacare Unconstitutional”
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I love my state!!!!!
So if its unconstitutional for someone or anyone to have health care and coverage, guess that means its constitutional for someone to lose their home and/or die because some profiteering insurance Nazi’s denies health care care coverage. This guy can rot in hell with all the other health crae deniers. Scum.
Car insurance is not needed if you do not drive! I can own a car and not need insurance as long as I do not drive the CAR! Its a choice. They need a better example.
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SM: Also, many types of car insurance are not required with older model cars as well. It is Liability that is required, not collission.
R
#2 what a shock that a fool LIB would make a Nazi reference. How cluless could you be?
Seriously, do you folks have to pass a stupid test in order to be a LEFT wing whack-job?
The ruling did not say as you stated …
It said the government did not have the right to force some one to buy something. I know its difficult for you to comprehend so let me put in in words that you can.
Imagine when the GOP wins the Presidency in 2012, and they will, if the govt made everyone buy all Rush Limbaugh, Bill O’Reilly and Glen Beck books.
What part about the fact that a govt cannot force people under penalty to buy something. What would prevent them from forcing people to buy any product?
R
@#2 Seriously? Are you that clueless? It is un-Constitutional for the government to force anyone to buy a product. Socialized medicine does not work. Who do you think is going to pay for the entire country to have healthcare? So you think it’s okay for the government to force you or anyone to pay for other people’s insurance coverage? Would you like to pay for your neighbor’s car insurance while they sit at home collecting a check and doing nothing?
Educate yourself before you start ranting about people rotting in hell.
Mr. Loyd
I commend you for being able to find your keyboard and type something to put on this site.
However, finding your keyboard does NOT make you very smart. A fact that you made very clear in your rant.
You are a liberal socialist who does not understand the foundations this country was built upon. Socialism fails each and every time it is tried. Do a little research and learn how to read real sentences.
My name is david link, people have to have health care across the states so they don’t have to declare bankruptcy or die because of healthcare. I think people should just buy it and it will probably be cheap for all since everyone will be able to get it. It is that law makers get healthcare already, nbut alot of people can’t afford it because of it being to expensive. I am totally for people having to pay for it themselves.
I don’t think it is any of the governments business to have access to your health care records…with them not being able to secure secret documents, our records will be plastered all over the internet….who wants that, it’s personal and private…!!!
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.
How long will it take the american public to WAKE UP!!! The agenda for the Republican party is to ABOLISH ALL programs that benefit the middle class and definitely the poor. Next it will be more cuts for Social Security and medicare and medicaid. If the wealth businesses and individuals want tax cuts they must invest in America and American jobs period. Will democrats get a backbone PLEASE, learn to smell blood just like the republican’s. We need highly deciplined soliders for the democratic party.Democrats learn to FIGHT and FIGHT HARD for what you believe PLEASE!!!!!!!!!!!!
#2: what’s wrong son ? afraid you won’t get
your welfare check or free healthcare ? free
gas for your car ? free home, mortgage free ?
you got lied to by your boy Obama, why not
cry to him ? deathcare is about to be abolished
and hopefully the democrat party is next.
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