Virginia Federal Judge Rules Obamacare Mandate Unconstitutional

In the Virginia lawsuit against Obamacare, the federal district judge has ruled that that Congress “exceeded its authority” by imposing an individual mandate requiring people to purchase health insurance.  With two other federal district judges having ruled that the individual mandate is constitutional, we now have a split.  The issue was always going to go to the Supreme Court in any event.

At PowerLine, John Hinderaker notes that the real importance of lower court decisions ruling the individual mandate unconstitutional is that they will “add fuel to the pro-repeal fire” in the next election cycle.

I am trying to get my hands on the decision and will have more to say after reading it.

UPDATE:  A discussion of the opinion is now here.

Published in: on December 13, 2010 at 10:55 am  Comments (2)  

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2 CommentsLeave a comment

  1. THANKS FOR POSTING! We’re all over it as well on Common Cents…

  2. Judge Hudson’s decision is good news, and we all hope that it will prevail when Obamacare finally reaches the Supreme Court two years from now. However, that is not certain, and there remain substantial political powers who regard this vast extension of federal power as acceptable based upon the Supreme Court’s vast expansion of the interstate commerce clause since 1937. The only sure way to stop not only Obamacare, but the innumerable other ways in which the federal government has increased its power beyond the original scope of the Constitution, is to reverse those Supreme Court cases and restore the interstate commerce clause to its original meaning. Given how entrenched these Supreme Court precedents are, this will require a constitutional amendment restating the original, very limited scope of the interstate commerce clause. See

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