December 13, 2010

Federal Judge: Obamacare "Individual Mandate" = Unconstitutional

Marc Comtois

A Federal Judge in Virginia has ruled that the individual mandate portion of President Obama's health care reform law is unconstitutional. From a note on page 36 of the decision:

If allowed to stand as a tax, the Minimum Essential Coverage Provision would be the only tax in U.S. history to be levied directly on individuals for their failure to affirmatively engage in activity mandated by the government not specifically delineated in the Constitution.
The judge also expects his decision to be appealed to the U.S. Supreme Court. The White House has acknowledged that the individual mandate is "not severable" from the rest of the law. In short, without the individual mandate, the health care law as it is constituted can't work.

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Major applause.

It's insanity that the federal gov't can 1.) reach past the state 2.) to require an individual to purchase a good or service.

This has even made me reconsider the wisdom of states' mandates to purchase auto insurance. Sure, it's the right thing to do in one sense. But look what it can lead to.

Posted by: Monique at December 13, 2010 3:19 PM

The health mandate applies (applied?) to EVERYONE.

Auto insurance is different.

First, the State requires registration of your automobile, so insurance can be made a condition of registration.

Second, you operate your car on roads that are established and maintained by the State and its political subdivisions, so the State has a bona fide interest in the conditions under which you operate your vehicle.

Finally, with auto insurance, though, it only applies if you choose to own a car. There are lots of folks in large cities who aren't required to buy auto insurance because they don't have cars.

Posted by: brassband at December 13, 2010 6:29 PM

Henry E. Hudson, the federal judge in Virginia who just ruled health care reform unconstitutional, is part owner of a GOP political consulting firm that worked against health care reform.

Hudson's annual financial disclosures show that he owns a sizable chunk of Campaign Solutions, Inc., a Republican consulting firm that worked this election cycle for John Boehner, Michele Bachmann, John McCain, and a whole host of other GOP candidates who've placed the purported unconstitutionality of health care reform at the center of their political platforms.

Posted by: Sammy at December 14, 2010 3:23 PM

Federalism rears its head. STATES can - at their discretion - require auto insurance. The FEDERAL gubmint cannot. See amendments 9 and 10.

Posted by: chuckR at December 14, 2010 4:09 PM

poor sammy-wha,wha,wha

Posted by: joe bernstein at December 15, 2010 6:46 AM
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