The Black Vault

U.S. Health-Care Law Struck Down Over Mandate for Insurance
December 14, 2010, 12:03 AM EST

By Tom Schoenberg and Margaret Cronin Fisk

Dec. 14 (Bloomberg) -- The Obama administration’s health- care overhaul unconstitutionally requires Americans to maintain a minimum level of health insurance, a federal judge ruled, striking down the linchpin of the plan.

U.S. District Judge Henry Hudson in Richmond, Virginia, said yesterday that the mandate on individuals in President Barack Obama’s health-care legislation goes beyond Congress’s powers to regulate interstate commerce. Hudson severed the issue of the mandate, which is set to become effective in 2014, and didn’t address other provisions such as expanding Medicaid.

“At its core, this dispute is not simply about regulating the business of insurance -- or crafting a scheme of universal health insurance coverage -- it’s about an individual’s right to choose to participate,” wrote Hudson, who was appointed by President George W. Bush in 2002.

link to full article

Um... this is a pretty big story. I was reluctant to stuff it in this forum, which is off the beaten path.

Greeney can it be moved to general?

Finally a judge who actually understands the Constitution.

Still a long fight to get rid of this crap bill. Hopefully it will be ruled properly 5-4 in the Supreme Court. We need to kill this thing now.






BloodStone...

It is simply wrong to force people to purchase insurance from insurance companies that won't have any reins on them anyways in regards to price control or coverage adequacy whilst threatening people with fines. That's certainly more than unconstitutional, it's immoral.

Aquarian...there may be hope for you yet.

Un-Constitutional..That's a "no-brainer". Courts shouldn't be necessary, IF the servants did their job. They have two jobs, one is to protect our liberty, the other to protect our boarders. The servants! aren't doin'g their jobs!

Though I'm not a fan of Rob McKenna, he is my state rep who is in this lawsuit too.

Hell, a clock is right twice a day, same with robby.

BTW, congress critters don't have permission to dictate to Individuals, with whom they can "contract". And that is exactly what this death "care" bill does. I remember the video where pelosi was asked where in the Constitution this was allowed...the...the...B....the...she dismissed the question!!!