From the
Washington Times - By
Jerry Seper- In a major setback for the
Obama administration, a federal judge in Northern Virginia struck down as unconstitutional a key provision of the landmark health care law, saying that forcing all Americans to buy health insurance "exceeds the constitutional boundaries of congressional power." "At its core, this dispute is not simply about regulating the business of insurance — of crafting a scheme of universal health insurance coverage — it's about an individual's right to choose to participate,"
U.S. District Judge
Henry E. Hudson in Alexandria said in a 42-page opinion. Judge
Hudson concluded that
Congress lacked the power under the commerce clause "to compel an individual to involuntarily engage in a private commercial transaction," warning that the "unchecked expansion of congressional power" as suggested by the law "would invite unbridled exercise of federal police powers." There are other pending challenges to the health care law, which has been upheld by two other trial court judges. The
Supreme Court is therefore likely to decide the law's ultimate fate — a process that could take up to two years. Judge
Hudson's ruling was broadly critical of the health care act, signed into law in March and known as the Affordable Care Act. However, the ruling applies only to the mandate that Americans must buy health insurance and those provisions that hinge on it. The law as a whole was not struck down, and the judge declined to grant an injunction that would have suspended the law immediately.
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Judge voids part of Obamacare
From the Washington Times - By Jerry Seper- In a major setback for the Obama administration, a federal judge in Northern Virginia struck down as unconstitutional a key provision of the landmark health care law, saying that forcing all Americans to buy health insurance "exceeds the constitutional boundaries of congressional power." "At its core, this dispute is not simply about regulating the business of insurance — of crafting a scheme of universal health insurance coverage — it's about an individual's right to choose to participate," U.S. District Judge Henry E. Hudson in Alexandria said in a 42-page opinion. Judge Hudson concluded that Congress lacked the power under the commerce clause "to compel an individual to involuntarily engage in a private commercial transaction," warning that the "unchecked expansion of congressional power" as suggested by the law "would invite unbridled exercise of federal police powers." There are other pending challenges to the health care law, which has been upheld by two other trial court judges. The Supreme Court is therefore likely to decide the law's ultimate fate — a process that could take up to two years. Judge Hudson's ruling was broadly critical of the health care act, signed into law in March and known as the Affordable Care Act. However, the ruling applies only to the mandate that Americans must buy health insurance and those provisions that hinge on it. The law as a whole was not struck down, and the judge declined to grant an injunction that would have suspended the law immediately. Read more
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3 comments:
It wasn't just any part of Obama Care that this judge struck down. It was the center piece of the entire bill. All we need now is the Supreme Court to endorse Judge Hudson's findings and we can get back to the drawing board and finally have a true bi-partisan measure that benefits everyone concerned. This is what Reid, Pelosi and the president should have done from the beginning. Forcing this down the throats of the American people cost their party dearly. Some legacy, huh?
Parts of Obamacare cannot be voided. Only the entire law may be voided because the smart folks left out the legal language that is required for parts to be severable.
But then the Commerce clause applies only to commerce, i.e. the activity and not to thjings that affect or effect commerce. Those ideas are lies perpetrated on the people of the United States by elitist judges.
Obama Care will never be implemented. The Supreme Court will strike it down as well. What a scam on the American public. It passed via reconciliation because there wasn't enough support to get it done on it's own merit. It took a partisan up or down vote to jam it through. Hopefully the judge in Florida also declares it unconstitutional. Take that you bunch of left-wing goons.
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