Judge finds the individual mandate unconstitutional
For the first time, a federal district judge, Henry Hudson in Richmond, Virginia, has held that the mandate in Obamacare that every person in the U.S. must have health insurance exceeds Congressional power under the Interstate Commerce clause and is unconstitutional. Of course, this is not the end of the story; the case, initiated by Virginia and 19 other states, will go to the Supreme Court. But if the individual mandate fails, the whole Obamacare package fails, and the greatest attempt in history to turn America into a statist, unfree society will have failed.
Alexis Zarkov writes:
This is the first time a trial court has decided against the mandate on the merits. Two other trial courts, one in Virginia, and the other in Michigan, held the mandate constitutional. Supporters of the mandate argue that Congress has the constitutional authority to enact the mandate under: (1) the Commerce Clause; (2) Necessary and Proper Clause (NAP); (3) Tax Clause. For some reason Obama Administration lawyers have pushed (3) asserting that the mandate is a tax and not a regulatory penalty, but the courts are not buying it. In this latest decision, Judge Hudson rejects the taxing argument, citing (among others) Supreme Court decision, U.S. versus Reorganized CF&I Fabricators of Utah:
Posted by Lawrence Auster at December 13, 2010 05:12 PM | Send