Monday, December 13, 2010

Fed Judge Rules Obamacare Individual Mandate Unconstitutional

RICHMOND, Va. (The Blaze/AP) — A federal judge declared the Obama administration’s health care law unconstitutional Monday, siding with Virginia’s attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court.

U.S. District Judge Henry E. Hudson is the first federal judge to strike down the law, which has been upheld by two others in Virginia and Michigan. Several other lawsuits have been dismissed and others are pending, including one filed by 20 other states in Florida.

Virginia Republican Attorney General Kenneth Cuccinelli filed a separate lawsuit in defense of a new state law that prohibits the government from forcing state residents to buy health insurance. However, the key issue was his claim that the federal law’s requirement that citizens buy health insurance or pay a penalty is unconstitutional.

Hudson, a Republican who was appointed by President George W. Bush, sounded sympathetic to the state’s case when he heard oral arguments in October, and the White House expected to lose this round.

Administration officials told reporters last week that a negative ruling would have virtually no impact on the law’s implementation, noting that its two major provisions – the coverage mandate and the creation of new insurance markets – don’t take effect until 2014.

On Monday, however, Fox’s Greta Van Susteren disagreed with that sentiment, saying that the provision that was struck down includes most of the funding for the bill: READ MORE...

1 comment:

  1. "False hearted judges, dying in the webs that they spin" Bob Dylan

    Your judge is on the take:

    "The federal judge set to issue one of the first decisions on the Obama administration's health care law has financial ties to both the attorney general who is challenging the law and to a powerhouse conservative law firm whose clients include prominent Republican officials and critics of reform."

    Thanks for the favor, teabaggers.....Keep bringing the cases to Bush appointees.