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December 13, 2010

Breaking: VA Judge Declares Individual Mandate In ObamaCare 'Unconstitutional'

Topics: Political News and commentaries

Just now, breaking on Fox News. Bret Baier calls it a "big deal." (Joe Biden would probably call this a "big effing deal")

The ruling says Congress "exceeded its authority" by requiring individuals to purchase health care coverage under the "individual mandate."

Per Greta Van Susteren ... "Judge said that this is 'not' economic activity."

Via the AP:

RICHMOND, Va -- A federal judge in Virginia has declared the Obama administration's health care reform law unconstitutional.

U.S. District Judge Henry Hudson is the first judge to rule against the law, which has been upheld by two others in Virginia and Michigan.

Virginia Attorney General Ken Cuccinelli filed the lawsuit challenging the law's requirement that citizens buy health insurance or pay a penalty starting in 2014.

He argues the federal government doesn't have the constitutional authority to impose the requirement.

Mark Levin explains:
Today Federal District Judge Henry Hudson ruled against the Obama Administration on three essential points involving Obamacare:
1. Individuals who do not actively participate in commerce -- that is, who do not voluntarily purchase health insurance -- cannot be said to be participating in commerce under the United States Constitution's Commerce Clause, and there is no Supreme Court precedent providing otherwise;

2. The Necessary and Proper Clause of the Constitution cannot be used as a backdoor means to enforce a statute that is not otherwise constitutional under Congress's enumerated powers;

and 3. There is a difference between a tax and a penalty, there is much Supreme Court precedent in this regard, and the penalty provision in Obamacare is not a tax but a penalty and, therefore, is unconstitutional for it is applied to individuals who choose not to purchase health care.

Judge Hudson's ruling against the Obama Administration and for the Commonwealth of Virginia gives hope that the rule of law and the Constitution itself still having meaning. Landmark Legal Foundation has filed several amicus briefs in this case, at the request of the Commonwealth, and will continue to provide support in the likely event the Commonwealth is required to defend this decision in the Fourth Circuit and U.S. Supreme Court. Landmark would also like to congratulate Virginia Attorney General Ken Cuccinelli and the excellent lawyers in his office for their superb legal skills.
Update (via Hot Air): Fox News is now reporting that Judge Hudson won't issue an injunction against the entire ObamaCare law, which means that he's seeing a de facto severability in it. Without the mandate, though, the system won't work at all, which gives Congress a big opening to dismantle the rest.

Update 2: Sen. Orrin Hatch (R., Utah) weighs in.

Update 3: Incoming House majority whip Eric Cantor (R., Va.) Calls for Direct Appeal to Supreme Court.

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Posted by Richard at December 13, 2010 12:08 PM

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