Virgina 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.