Judge Calls Health Law Unconstitutional
By JANET ADAMY
The Wall Street Journal
DECEMBER 13, 2010, 5:16 P.M. ET
RICHMOND, Va.—A federal court ruled Monday that a central plank of the health law violates the Constitution, dealing the biggest setback yet to the Obama administration's signature legislative accomplishment.
In a 42-page ruling, U.S. District Judge Henry E. Hudson said the law's requirement that most Americans carry insurance or pay a penalty "exceeds the constitutional boundaries of congressional power."
The individual mandate "would invite unbridled exercise of federal police powers," wrote Judge Hudson, of the Eastern District of Virginia. "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."
The lawsuit, brought by Virginia Attorney General Ken Cuccinelli, is the first court ruling against the law since President Barack Obama signed it in March. More than 20 federal lawsuits have been filed against the overhaul, and judges in two of those cases ruled in favor of the Obama administration.
While the ruling creates a headache for the law's supporters, it doesn't mean states or the federal government must stop implementing the law.*snip*
Even though the fight isn't over to stop the federal government's takeover of the healthcare system - presently the greatest system in the world, it's about time a judge with common sense ruled that this nightmare called Obamacare was in fact unconstitutional. Seriously, WTF gives them the right to force me into buy anything against my will?!?! So he can rape my grandchildren's future in order to pay for this bureaucratic monstrosity?!?!?! I realize that this is going to end up being decided by the Supreme Court, but why was this crap allowed to even be signed into law in the first place??? Hopefully SCOTUS will support this lower court's ruling that the federal government has no right to impose individual mandates for health care coverage and if that's the case, then Obamacare will fall apart completely because without the ability to penalize taxpayers for not having health care coverage, there won't be enough money available to sustain the program.
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