December 13, 2010
Judge Rules Obama Healthcare Unconstitutional
“This debate is not about healthcare it’s about liberty”
U.S. District Judge Henry Hudson’s opinion has just been released.
Judge Hudson ruled to “grant Plaintiff’s Motion for Summary Judgment and deny Defendant’s similar motion.”
In essence, Judge Hudson has ruled in favor of Virginia Attorney Kenneth Cuccinelli and against the U.S. Government.
Judicial Watch: Exposes Obamacare Propaganda Fraud!
December 12, 2010 06:04 PM
Since late October Attorney General Ken Cuccinelli has been waiting for an answer. On Monday, he’s likely to get one.
“This debate is not about healthcare it’s about liberty,” said Cuccinelli.
He argues the healthcare reform package is unconstitutional because of the mandate that Americans must purchase it. He contends the constitution protects Americans from being forced to buy anything.
But not all lawmakers see it that way.
“He’s pursuing it and he’s pursuing it at taxpayer’s expense,” said Del. Joe Morrissey, (D) Henrico.
Morrissey says when people chose not to buy insurance costs get passed to hospitals and taxpayers.
“That creates economic activity and that evokes the commerce clause of the constitution,” said Morrissey.
But Virginians say the challenge needed to happen because the mandate reforms are too broad.
“I shouldn’t be forced to buy anything nobody should tell me what I need,” said Richmond resident Jim Cureton.
Judge Rules Obama Healthcare Unconstitutional
Judge Hudson is the first federal judge to strike down the law, which has been upheld by two other federal judges in Virginia and Michigan.
Attorney General Cuccinelli filed a separate lawsuit in defense of a new state law that prohibits the government from forcing state residents to buy health insurance.
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 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.
Judge Henry E. Hudson ~ While the Supreme Court has ruled that the Commerce Clause of the Constitution allows that body to regulate "activities that substantially affect interstate commerce," the question that Hudson must decide is: does the failure to do something -- in this case, the act of buying insurance -- constitute an "activity," albeit a passive one, that can be lawfully regulated by Congress?
“Of course, the same reasoning could apply to transportation, housing or nutritional decisions,” Hudson wrote. “This broad definition of the economic activity subject to congressional regulation lacks logical limitation” and is unsupported by previous legal cases around the Commerce Clause of the
Constitution.
The central issue in Virginia’s lawsuit was whether the federal government has the power under the constitution to impose the insurance requirement. The Justice Department said the mandate is a proper exercise of the government’s authority under the Commerce Clause.
Cuccinelli argued that while the government can regulate economic activity that substantially affects interstate commerce, the decision not to buy insurance amounts to economic inactivity that is beyond the government’s reach.
Virginia Attorney General Ken Cuccinelli is expected to speak during a 2:00 p.m. press conference in Richmond.
Socialists did not inject any ‘severability clauses’ in the healthcare scheme. This means that despite the rhetoric from the neolibs, if one part goes the rest follows the other parts are not stand alone mechanisms.
Judicial Watch: Exposes Obamacare Propaganda Fraud!
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