Va. Federal Judge Rules Health Reform Unconstitutional
December 13, 2010
(ChattahBox Political News)—- A U.S. District Court judge struck down the individual mandate provision of the health care reform law, despite other court rulings finding the law constitutionally sound. Judge Henry Hudson, a Bush appointee, ruling in a case brought by Virginia’s right-wing Attorney General, Ken Cuccinelli, found the requirement to purchase insurance in violation of the Commerce Clause. But today’s ruling will have little impact on the Affordable Care Act, since the judge denied Cuccinelli’s request to stay the law until the legal challenges were decided by the Supreme Court. The U.S. Justice Department will be appealing Hudson’s ruling.
Judge Hudson ruled in his 42-page decision that the individual mandate requiring Americans to enter into the “stream of commerce” was unconstitutional.
“Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause power to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market,” the judge concluded.
“He added: “Despite the laudable intentions of Congress in enacting a comprehensive and transformative healthcare regime, the legislative process must still operate within constitutional bounds.”‘
There are nearly 20 such legal challenges to the Affordable Care Act, mostly brought by states having conservative attorneys general and Republican governors. The next big legal challenge to the law takes place in Florida, with 19 states joining in the effort to strike down President Obama’s legislative achievement to provide health coverage to millions of Americans.
Cuccinelli is using his high-profile challenge to the health reform law, to raise money. His website screeches, “Fight the Liberal Media Attacks on Ken,” “Donate Today.”