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
Judge voids part of Obamacare
From KOB-TV.com - By: Gadi Schwartz, KOB Eyewitness News 4; Taryn Bianchin, KOB.com - It was supposed to be a meeting with answers for scores of political appointees about to lose their jobs. Instead, many of Governor Bill Richardson’s employees left the state personnel offices even more confused about what will happen once Governor-elect Susana Martinez takes office. During the special Monday morning meeting in Santa Fe several mixed signals seemed to come from government officials as they gave presentations and fielded questions. The 70 or so political appointees who showed up were instructed on how to apply for unemployment benefits and then told they may not be eligible. After the presentation, a Workforce Solutions attorney addressed the appointees telling them they might not be eligible for unemployment benefits because of restrictions given to those who resign. Appointees could also be denied unemployment based on a state law that specifically exuded “policy makers” or policy “advisors” from collecting benefits. After the meeting in Santa Fe several exempt employees who did not want to be named expressed frustration at the lack of direction. The latest figures from the Legislative Finance Committee show about 375 “GOVEX” employees on state payroll, down from a peak of 511 in 2009. After a press conference on Monday afternoon, KOB asked Governor Elect Susana Martinez whether political appointees should be able to collect unemployment. “No, I don’t agree that exempt employees--political appointments--should ever file for unemployment, particularly when another administration takes office,” said Martinez. Martinez added that appointees who do not turn in their resignations will be fired. “They work at the will of the governor and should simply vacate their position,” she said. Read more
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