Main | Monday, December 13, 2010

VIRGINIA: Judicial Activist Rules Parts Of Health Care Reform Unconstitutional

A Virginia federal district court judge appointed by Dubya has ruled that parts of President Obama's health care reform plan are unconstitutional. The lawsuit was brought by Virginia Attorney General Ken Cuccinelli.
In a 42-page opinion issued in Richmond, Va., Judge Hudson wrote that the law’s central requirement that most Americans obtain health insurance exceeds the regulatory authority granted to Congress under the Commerce Clause of the Constitution. The insurance mandate is central to the law’s mission of covering more than 30 million uninsured because insurers argue that only by requiring healthy people to have policies can they afford to treat those with expensive chronic conditions. The judge wrote that his survey of case law “yielded no reported decisions from any federal appellate courts extending the Commerce Clause or General Welfare Clause to encompass regulation of a person’s decision not to purchase a product, not withstanding its effect on interstate commerce or role in a global regulatory scheme.”
Two other district court judges have previously upheld the law and some expect the issue to reach the Supreme Court before the end of Obama's term. Dozens of similar lawsuits are still working their way through the system.

RELATED: As in the case with the judicial overturn of DADT, the Obama administration has the option of appealing this ruling.

UPDATE: The teabaggers are ecstatic.
"Mr. Cuccinelli has been a true leader in the cause of freedom and constitutionally limited government. His win is also a victory for the entire Tea Party movement and constitutional conservatives everywhere. Now more than ever, Tea Partiers and constitutional conservatives must rally behind and support Ken Cuccinelli as he takes his case--and the Gadsden flag ("Don't tread on me") that decorates his office--through the appeals process. It's time for all freedom-loving Americans to let Ken know that we're behind him every step through final resolution--and victory--in his case at the U.S. Supreme Court."
UPDATE II: As are the homocons.
Today, a District Court judge ruled portions of Obamacare unconstitutional. In response, Christopher R. Barron, Chairman of GOProud’s Board, issued the following statement: “This decision is a victory for individual liberty. Americans everywhere, but especially gay Americans, should celebrate this decision – a decision that rightfully makes it clear the federal government does not have the Constitutional authority to force Americans to purchase health insurance.”

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