Obamacare ruling

ObamaCare Individual Mandate Unconstitutional

A victory for all Americans: Obama's health care law loses first round in court.

The constitution still has meaning

Henry E. Hudson, the federal judge in Virginia who just ruled health care reform unconstitutional, owns between $15,000 and $50,000 in a GOP political consulting firm that worked against health care reform. You don't say!

http://gawker.com/5713041/judge-who-ruled-health-care-reform-unconstitutional-owns-piece-of-gop-consulting-firm

So the judge has an obvious conflict of interest, and he should have recused himself from the git-go. He was appointed by George W. Bush--just another sign of the Republican politicization of what is supposed to be an impartial justice system. AND so far it's running 2 to 1 against him:


Pretty unlikely that ruling will stand on appeal.

They're all appointed by someone.

The vast majority of Americans agree with this ruling.

Highly doubtful

You doubt the American people?
You doubt the American people that recently repudiated the Obama agenda including ObamaCare.

I highly doubt that you have a clue.

OBAMACARE IS UNCONSTITUTIONAL?
TELL ME SOMETHING I DON'T ALREADY KNOW

I doubt you, H2.

You doubt yourself, Jack.

Nope. Just you.

Why The Court’s Ruling Against The Individual Mandate Is ‘Defective

’By Igor Volsky on Dec 13th, 2010 at 2:39 pm

On a conference call with reporters hosted by the Center for American Progress, Washington and Lee law professor Timothy Jost specifically challenged Judge Henry Hudson’s interpretation of the commerce clause in today’s ruling striking down the individual mandate provision in the Affordable Care Act. Hudson argued that while “[t]he power of Congress to regulate a class of activities that in the aggregate has a substantial and direct effect on interstate commerce is well settled…[n]either the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market.”

Jost contended that “the commerce clause nowhere contains the word activity.” “Judge Hudson’s entire decision turns on his conclusion that Congress can only regulate economic activity,” he explained, noting that “what the commerce clause really turns on is economic decisions”:

JOST: The Judge has missed the point of the commerce clause, he also dismisses the Necessary and Proper clause argument, as if the Necessary and Commerce doesn’t exist independently of the Commerce Clause…I think this decision is very defective constitutionally and I believe it will be reversed by the appellate court, certainly by the Supreme Court.

Jost also stressed that this is a decision “solely to the minimum coverage requirement.” In his decision, Hudson severed this provision from any other portion of the law, dealing a defeat to those who hoped to use the ruling to repeal the law’s insurance regulations that require insurers to offer coverage to individuals with pre-existing conditions. “It does not strike down those provisions, I think the point we are making is that as a practical matter it will be very difficult to implement those provisions if healthy people remain outside of the insurance market,” Jost said.

He added that “health insurance is going to be very expensive in the United States if healthy people can stay out of the market and of course with with the new tax credits to finance health insurance, those costs will be passed on to the tax payers, or a lot of them are.” “In aggregate, we are talking about $43 billion in costs that are being transferred to taxpayers, that are being transferred to employers, that are being transferred to people who are responsible and are purchasing health insurance.”

The ruling proves that Obamacare is defective and that the entire bill needs to be killed with fire.

Americans are free to reject Obamacare by not participating in it.

The US government can not force Americans to purchase health insurance.

In the end, this will all come down to how Justice Kennedy falls on the matter. And if anyone can remotely guess that, you must be psychic.

Let's hope Justice Kennedy supports the US Constitution.