Tuesday, December 14, 2010

Death to Obamacare?

Yesterday, Virginia Judge Henry Hudson dealt a major blow to the Health Care law. Judge Hudson, declared a critical aspect of the law, the "individual mandate", unconstitutional. Major portions of the funding was through the mandate, without this critical aspect, the law barely can stand on it's own two feet. This is the reason why the ruling is so vital, despite the fact, it's only one portion of the law. However, this is a minor victory in the fight against Obamacare, because the DOJ is going to appeal the ruling to the Appellate Court and then more appeals to the Supreme Court.

Judge Henry Hudson states in his ruling:
"The unchecked expansion of congressional powers to the limits suggested by the Minimum Essential Coverage Provision would invite unbridled excercise of federal police powers."

"On careful review, this Court must conclude that section 1501 of the Patient Protection and Affordable Care Act---specifically the Minimum Essential Coverage Provision---exceeds the constitutional boundaries of congressional power."
Fox News article on the ruling

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