Monday, December 13, 2010

Federal Judge Finds Obamacare Unconstitutional

As reported on Conservative Perspective via CNN, a federal judge has ruled that Obamacare violates the US Constitution.

A federal judge in Virginia has ruled parts of the sweeping health care reform effort led by President Obama to be unconstitutional. This is the first federal court to strike down the law, contradicting other recent rulings the law was permissible. The key issue of contention was the “individual mandate” requirement that most Americans purchase health insurance by 2014.


H/T to Christopher

U.S. District Judge Henry E. Hudson ruled "This case, however, turns on a typical and uncharted applications of constitutional law interwoven with subtle political undercurrents. The outcome of this case has significant public policy implications. And the final word will undoubtedly reside with a higher court.

The Laws 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."

3 comments:

Chris said...

This is great news. The score is 2 to 1 now and it will go to the Sup.Court sooner or later. I can't wait till they find the union exemption to obamacare unconstitutional as well. The unions deserve the same taxes as we have. And they will bitch to high heaven when that tax hits them.

AdamsPatriot said...

I'm happy that this judge ruled this way, because it is the correct way! But this Judge is conservative.

However, this HC law was always going to go to the Supreme Court anyway.

My concern is with the libs on the Supreme Court. Obama has it stacked left! Will they vote liberal ideology or for the real Constitution?

Guess well see in three years!

Mark Adams said...

AP, I believe this will go the same way as Chicago handgun ban and be ruled unconstitutional by the SC, as you'll see in my next post of what the true intentions of the commerce clause was meant for.

I think the SC will find this unconstitutional because if they rule the other way, congress will have the power to enact any law it sees fit and we could have a very unruly citizen mass every time congress passes a law. A law like 'you must ride a bicycle if you travel more then 10 miles'... Just an example of the stupid things this country will be forced in to with a ruling of 'constitutional sound' for Obamacare.