Tuesday, December 14, 2010

Obamacare Is Ruled Unconstitutional

Hallelujah! - a Federal Judge that understands Constitutional law! And is not afraid to rule using it!

Challenges to Obamacare legislation have been mounted in Federal Courts in Virginia, Michigan and Florida, where 20 states have joined an effort to have the statute struck down.

In 42 pages, United States District Court Judge Henry Hudson (from the Eastern District of Virginia) issued his ruling regarding the challenge set forth by Virginia's Attorney General, Kenneth Cuccinelli II, to the legislation known as Obamacare. The judge ruled that Section 1501, the provision requiring everyone to purchase insurance or pay a penalty, is unconstitutional.

Thank goodness, as well, for a State AG that actually has a good understanding of the law and also has a spine!

The court held: (see page 38)
"On careful review, this Court must conclude that section 1501 of the Patient Protection and Affordable Care Act - specifically the Minimum Essential Coverage provision - exceeds the Constitutional boundaries of congressional power."
As to the validity of Congress’s power to regulate interstate commerce, the court stated this, on page 21 of the ruling:
Despite the laudable goals of Congress in enacting a comprehensive and transformative health care regime, the legislative process must still operate within Constitutional bounds. Salutatory goals and creative drafting have never been sufficient to offset the absence of enumerated powers.
On page 24 the court held:
Neither the Supreme Court nor any federal court has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market. In so doing, enactment of the Minimum Essential Coverage Provision exceeds the Commerce Clause powers…
and on Page 37:
At its core, this dispute is not simply about regulating the business of insurance – or crafting a scheme of universal health coverage – it’s about an individual’s right to choose not to participate.

Hudson's court rightfully concluded that:

"Congress lacks the power under the Commerce Clause, or associated Necessary and Proper Clause, to compel and individual to involuntarily engage in a private commercial transaction, as contemplated by the Minimum Essential Coverage provision."

Got that right!

See you at the Supreme Court, and if not there - then in the 112th Congress that will repeal this unconstitutional piece of Socialist trash legislation.

(Now, somebody please tell Joe Biden that the Constitution is a "BFD"!)