BREAKING: VIRGINIA JUDGE RULES OBAMACARE UNCONSTITUTIONAL
Posted by Jim Hoft on Monday, December 13, 2010, 11:10 AM
Federal judge strikes down linchpin of the president’s plan…
U.S. District Court Judge Henry E. Hudson ruled today that the federal mandate in Obamacare is unconstitutional.
Thank you Speaker Pelosi.
Now we know what’s in the bill… And it’s illegal.
The judge ruled that the Constitution’s commerce clause prevents the federal government from requiring individuals to purchase health insurance.
Legal observers say Hudson, a President George W. Bush appointee, ruled against the Obama administration in the lawsuit filed by Virginia Attorney General Ken Cuccinelli (R).
WDBJ reported:
A federal judge in Virginia has found a key provision of the healthcare law unconstitutional, the first such ruling on President Obama’s landmark reform.
Judge Henry E. Hudson of the Eastern District Court in Richmond, appointed by George W. Bush, ruled that the law’s mandate that all Americans have a minimum level of coverage, or pay a fine if they do not, exceeds federal authority.
Virginia’s Republican Attorney General, Ken Cuccinelli, challenged the law by rejecting the federal government’s view that the mandate is enforceable under the Commerce Clause of the Constitution. The state was seeking an injunction against the entire healthcare act if the mandate was found unconstitutional.
Bummer. Democrats spent a whole year working on a bill when they could have been focusing on the economy.
And, now they find out the bill is unconstitutional.
This could very likely be the worst Congress ever.
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Published May 16, 2012 at 7:37 pm - 46 Comments
maak commented:
YAY!!
Mark1957 commented:
Wow, an early Christmas present here in Virginia. Thank you Judge Hudson and A.G. Ken Cuccinelli.
greenfairie commented:
Woo hoo!
Shibumi commented:
EXCELLENT, EXCELLENT NEWS!!!!!!!!
Cargosquid commented:
YES!
bg commented:
++
Amen..
==
Mad Hatter commented:
This is the first step, that leads to the next step.
I can’t wait for the media to go into meltdown mode over this.
PaleRyder commented:
Wouldn’t it take less time and energy to just rule on what is constitutional by this half-wit zero in the whitehouse and his herd of dem goats in DC??
bg commented:
++
not to dampen your spirits, honestly, but never let your
guard down.. especially on Obama’s watch me watch..
==
Rick554 commented:
YES!!
IOpian commented:
Hopefully the Petulant One will live to regret dissing the Supreme Court justices at last year’s SOTU.
Luckyone commented:
Now, on to the Supreme Court!
cjrian commented:
This is an entirely reasonable finding, given the constrains imposed on government within the Constitution. The Left, though, will go absolutely bananas, bending into gymnastic contortions, decrying how this is unconstitutional Judicial Activism. Who would know, better than they, REAL activism?
Insufficiently Sensitive commented:
Up the Constitution!
Michael J Kubat commented:
This is good news indeed. We the Eastern European refugees have been watching the Obama regime’s doings with great concern, and not a little fear. But the battle, though successfully joined, is not yet won. To paraphrase the communist Czechoslovak propaganda mills of the bad old days, “the dark forces of reaction will reattack.” (And no, “dark” does NOT refer to the Putz-in-Chief’s skin color.)
IronDioPriest commented:
I’m certain the Leftists anticipated this. Their primary imminent concern was not implementing a new health care system, but setting in place the mechanisms whereby the old one can be destroyed.
The rest is still in place, and the health care industry is still forced to respond as if this will be law. As they implement changes, and people are forced out of their health care as a result, the people are being funneled into an ever narrowing array of options, the end goal being a taxpayer funded universal system.
I hardly think this is a setback, but rather, an imposed distraction. They put this mandate in place understanding that all attention and energy would be focused on overturning it, while the dismantling of the best health care system in the world proceeds on pace.
Pat the First commented:
Precedence has been set. Now, pray the Supreme Court upholds the decision.
BigAlSouth commented:
Oh, snap!
RedBeard commented:
This will send The One into another depression/aggression cycle. Wonder what hollow threats he will issue this time, and toward whom?
bigkahuna commented:
Ruh Roh Raggy !
Thats gonna leave a mark. I still suspect a fight but heck with all the waivers going on the States should just tell Obama they are taking a waver like the union buddies.
At the rate the Bigears Administration is going more people will have waivers than their will be forced into health insurance slavery… See how I worked in a slave /racist point in there ?
squeaky commented:
a loss – that will go over like a led balloon
[The narcissist´s mental structure is a house of cards: precariously balanced brittle, susceptible to criticism and disagreement, vulnerable to the incessant encounter with a harsh]
http://www.globalpolitician.com/26628-obama-elctions-narcissism-usa
Mad Hatter commented:
Isn’t it interesting…
“The 12 days of Christmas” and the phrase “Yes Virginia, there is a Santa Claus”.
This ruling occurs 12 days before Christmas, and in the state of Virginia.
Ironic huh? =)
antilbr commented:
YES someone with sanity , thanks Mr Hudson well done . Better call orkin D.C , never seen so much vermin in the picture above in all my life…..
Chisum commented:
Michael J. Kubat,
You are absolutely right. This is the belief system of the group we are up against:
The Cato Unbound website has organized a discussion of property rights and their relationship to the state. The lead essay is by economist Daniel Klein. Here is his main thesis:
Libertarians and conservatives say that Obamacare forces you to buy health insurance. Folks of the left are apt to shrug at calling it force. If they engage the matter and object to calling it force, the objection entails something like the following: “No one is forcing you. If you don’t want to buy health insurance, fine, leave the country. No one is stopping you.”
The left may continue: “There are no natural property rights. Property is a set of permissions, a bundle of rights, determined by the government and delegated to you by the government. When a rearrangement of the bundles would be good, that’s what the government should do. ‘Your’ property rights are simply whatever permissions result from the process.”
Let’s enter into that way of thinking, follow through on it, and surface its presuppositions.
Although they may not be fully conscious of it, progressives and social democrats are saying that everything is owned by the state. Or, perhaps, that the substructure upon which topsoil, buildings, and other things sit is owned by the state. Either way, simply by being in the United States, you voluntarily agree to all government rules.
http://volokh.com/2010/12/13/cato-unbound-discussion-on-property-rights/
bobdog commented:
Y’all don’t actually expect the Department of Racial Justice to stand for this, do ya?
Expect a legal argument like this: mandated healthcare unfairly impacts the poor and illegal aliens (both major constituencies of the Democrat party). Ergo, ruling Obamacare unconstitutional is, ipso fatso, discriminatory. Like little Falika Johnson from Cedar Rapids here, who suffers from debilitating and incurable flatulence and cannot afford health insurance.
The race baiters at the Department of Justice will pursue this until they’re thrown out of Washington in 2012 and dragged out of the building screaming like Cindy Sheehan suffering menstrual cramps.
It will go
IOpian commented:
This will not be the end of this fiasco. The threatening part of this law is the implementation of these exchanges. It is through them that ultimately a government option will emerge once insurance companies are driven out of business by having to cover people with pre-existing conditions compounded by the loss of revenue of losing this forced mandate. People will wait until absolutely necessary to get insurance and they can’t be denied letting the insurance companies pick up the tab. At that point a crisis is created and government, not letting a good crisis go to waste, will step in and offer a public option through the exchanges where they will already have regulatory powers. The whole thing needs to be wiped off the books and realistic solutions through the private sector found. A good start would be to be to offer tax credits for healthcare costs. The loss of tax revenue ought to be a whole lot cheaper than maintaining a hundred agencies to administer and pathetic government sponsored system where with end up with something like the filth and inattentiveness of Britain’s national health care.
bobdog commented:
Delete “It will go” — typo.
GrayRider commented:
BINGO!!! Now the Supremes need to grow a pair and get a spine.
Mark1957 commented:
This really is a ” Big F—ing Deal “.
GrayRider commented:
Uh oh…now the libtartds are really gonna get their panties all bunched up. They’re gonna double down on tax the ‘rich’, DADT and the DREAM nightmare amnesty act.
kansas commented:
Hey wait. Isn’t the score now 2 to 1 for it being constitutional?
Practical Jane commented:
Merry Christmas Obiwon!
BackwardsBoy commented:
So, who is it that’s shredding our Constitution now?
Mad Hatter commented:
GrayRider,
Either they will double down on them, or it will throw them off their game. They’ll start saying how the Judge that was the “Grinch that stole Health Care from the poor”. Also, they’ll have a Keith Olbermann meltdownm push too much for DADT and the “Dream Act” and overplay their hand.
Redwine commented:
Just love Drudge’s take on this – a pic of Naked Emperor Hussein with the headline, “Unconstitutional”! Heh! Just love the double entendre.
Mad Hatter commented:
BackwardsBoy,
Are you referring to Obama and Holder?
Noah commented:
This is like a really great Monday …. Lets keep this going and get obamacare out of system all together. If I wanted to live like people in Europe .. I would move there. This is America land of the Free and in some States land of the Free’er’
averagemelon commented:
I’m so very tired of everyone arguing over my money. It feels like the reading and contestinig of a will only I’m not dead.
Thank You, God. Thank you, Virginia.
CAROL commented:
IT’S ABOUT TIME , THEY STOP KISSING OBAMA ASS, THIS IS GOOD NEWS , NOW WE NEED TO GET RID OF THAT MAN , HE IS SET TO DISTROY OUR COUNTRY.
Missy8s commented:
The entire “law” will be tossed because there is no “severability” clause in the “law” and therefore no way to “cut away” specific sections.
Chairman O, Nanny Psychosi and Harry The Hat = EPIC FAIL!
JimmyT commented:
Don’t gloat! This will be appealed to the 4th district court of appeals. It may not be upheld. If not, then the supremes get involved.
mark commented:
Over 200 years ago a bunch of guys in white wigs formed the foundation of this great nation. They knew one day an idiot would take the helm and the counter balances they put in place would weigh down a future tryannical ruler. One such modern day counter balancer goes by the name Justice Roberts and he sits on the Supreme Court. He’s about to prove why those brilliant founding fathers were so smart.
Finncrisp commented:
This is a fitting end to one of the most destructiive congressional sessions in modern history.
The numbers will now not add up “even more” once the mandatory money is gone from the equation.
mmc commented:
When they will make criminals of good Americans for not purchasing something they make mandatory there is something VERY wrong !!!!!
iconoclast commented:
Don’t get cocky. Two other federal judges–one in Michigan and one in Virginia–have decided differently on this issue. And all it takes is 5 crazies (like Breyer) on the SCOTUS to decide that the federal government has limitless power over each and every one of us.
Blue Collar Todd commented:
Strike a major blow to the Democrats attempting to control every aspect of our lives like the Totalitarians they are.
http://www.bluecollarphilosophy.com/2009/12/totalitarians-like-bureaucracy-and-democrats-cannot-get-enough.html
Don’t worry they’ll come after our liberty one way or another.
czekmark commented:
Not to rain on anyones parade but this is only one battle in the endless leftists war against freedom.
Taqiyyotomist commented:
Mad Hatter #23 said:
“Isn’t it interesting…
“The 12 days of Christmas” and the phrase “Yes Virginia, there is a Santa Claus”.
This ruling occurs 12 days before Christmas, and in the state of Virginia.
Ironic huh? =)”
—
And may tomorrow bring TWO blessings for Freedom, and the next day THREE! and on in sequence!
Michael J Kubat commented:
Chisum, thank you for your comment. Your point about property is right on the mark. Private property is the basis of freedom, however mundane and “backward” it may sound, because ownership gives individuals power. Hence the ever-enlightened notion of limited government, the better for people to keep their rights and freedoms.
I’ll visit the Cato Unbound site.
donh commented:
Cry me a river Mr Hudson. Yes Virginia there is a God. Just one year ago the Satanic cult of DC Democrats was stabbing the baby Jesus with their steely knives passing tax payer funded abortion and death panels on Christmas eve. My how the Lord has responded to this abomination .
clear thinker commented:
Does this call into question the Constitutionality of Social Security and Medicare? How about auto insurance? If a person chooses not to participate in health insurance, does he have to pay cash up front for services? Is it Constitutional to force hospitals to use equipment and medicine AND health care personnel to take care of people who choose not to insure? Does the ambulance go out to pick up someone who has chosen not to self-insure? If the person is DOA and is uninsured, do the rest of us just keep on paying his bill as we do now? If too many people choose not to insure and not to pay, does the system crumble from within while it cares for those delinquent in their payment? It crumbles for all of us, not just the uninsured.
clear thinker commented:
Do you all think “Land of the free” means Land of the free health care? Do you really not want to carry insurance? Do you pay your bills? Do you know that if you pay your bills, you are also paying the medical bills of those who do not pay their medical bills? People provide that health care. Do you expect to be paid for your work?
clear thinker commented:
Don’t worry. If it goes to THIS Supreme Court (corporations NOW have all the money and also now have free speech rights), they will uphold the decision and the insured will continue to pay the bills of the uninsured. You realize your care is cost averaged with the non-payers and that is why YOUR medical care is so costly … don’t you? I would be perfectly happy to allow people not to insure AND not to use services for which they plan not to pay. Walmart won’t even let you walk out the front door without paying for a nickel bubble gum, yet, people expect to receive health care and not pay. They are stealing. And you, the insured, are paying. The uninsured have no fear, because they’ll call the ambulance when they have car accidents OR just go to the hospital and TAKE goods and services.
Redwine commented:
Megakudos to VA Attorney General Ken Cuccinelli and Landmark Legal – The Great One, Mark Levin’s practice! Yes. It IS the beginning of the end for a very disastrous Big Brother bill parading as healthcare.
bg commented:
++
when one sees how happy they look in pix like the one above, sure makes
one wonder what they think of themselves don’t it, not that i wonder..
==
clear thinker commented:
What? You people are so knee-jerk reactive that you can’t actually consider the ramifications? I say: No insurance, no cash, no care. Think R U brave enough? If you already have insurance, you are paying for the uninsured. If you don’t have insurance and don’t want it … fine … don’t plan on stealing from hospitals and the rest of us. How’s that for ya?
clear thinker commented:
They’re not even sworn in yet and the incoming House Republican Freshmen class is already looking a lot like the same old GOP that voters fired in 2006. Here is a quick recap of the incoming Republican House Committee Chairman:
* Representative Hal “Prince of Pork” Rogers to chair the House Appropriations Committee, who pushed through 135 earmarks at a cost of $246 million in the past two years alone.
* Representative Dave Camp, someone best known for protecting tax loopholes that reward big corporations for shipping American jobs overseas, to Chair the Ways and Means Committee.
* Representative Spencer Bachus, chief Republican negotiator of the tea-party hated TARP bailout to lead the House Financial Services Committee.