Fed Judge Rules Obamacare Individual Mandate Unconstitutional
- Posted on December 13, 2010 at 12:15pm by
Jonathon M. Seidl
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RICHMOND, Va. (The Blaze/AP) — A federal judge declared the Obama administration’s health care law unconstitutional Monday, siding with Virginia’s attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court.
U.S. District Judge Henry E. Hudson is the first federal judge to strike down the law, which has been upheld by two others in Virginia and Michigan. Several other lawsuits have been dismissed and others are pending, including one filed by 20 other states in Florida.
Virginia Republican Attorney General Kenneth Cuccinelli filed a separate lawsuit in defense of a new state law that prohibits the government from forcing state residents to buy health insurance. However, 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 who was 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.
Administration officials told reporters last week that a negative ruling would have virtually no impact on the law’s implementation, noting that its two major provisions – the coverage mandate and the creation of new insurance markets – don’t take effect until 2014.
On Monday, however, Fox’s Greta Van Susteren disagreed with that sentiment, saying that the provision that was struck down includes most of the funding for the bill:
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.
This is a breaking story. Updates may be added.
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Comments (182)
NavyVetinVA
Posted on December 13, 2010 at 12:31pmSupreme Court here we come!!! I’m looking out my window up the street here in downtown Richmond with a great big smile on my face!!
Report Post »GhostOfJefferson
Posted on December 13, 2010 at 12:29pmVery good. Let’s see how this ultimately resolves. It is but one battle in what will become a long drawn out war. Lawyers, you see, smell blood in the water and want to get as much of the corpse as they can. Expect this to still be a hanging question four years from now.
Report Post »capitalismrocks
Posted on December 13, 2010 at 12:28pmKeep’em coming!!!!!!!!!
The more states that legally and Constitutionally bar this from happening means that the draconian take over of healthcare cannot be sustained and will never go into effect — DEFUND DEFUND DEFUND!!!!!!!!!!
Report Post »neverending
Posted on December 13, 2010 at 12:27pmFANTASTIC – AG Cuccinelli is the best – know this is not the end but this is certainly a start in the right direction. A little more light at the end of the tunnel,
Report Post »cbs71
Posted on December 13, 2010 at 12:26pmRepeal Replace.
Report Post »GoingBeck
Posted on December 13, 2010 at 12:26pmPity we have to sue the federal government to protect ourselves.
Shut the federal government down!
Report Post »righttobeararms
Posted on December 14, 2010 at 2:02pmI agree!!! It is time for the American people to take our stand!! We have been on “cruise control” long enough.
Report Post »American Saint
Posted on December 13, 2010 at 12:25pmI didn’t need a judge to tell me it was unconstitutional but I guess he “qualifies” it for the Regime!
Report Post »BurntHills
Posted on December 13, 2010 at 12:24pmbut. we still have our ins premiums skyrocketing and our doctors are dropping medicare and/or retiring early to avoid this hot steaming mess of obama.
Report Post »JayDick
Posted on December 13, 2010 at 12:43pmAll good reasons for getting the Feds out of health care entirely.
Report Post »youguysready_letsroll
Posted on December 13, 2010 at 12:24pmYet another reason why I’m proud to be a Virginian.
Report Post »treshall
Posted on December 13, 2010 at 7:12pmYou and me both, my friend, and let me add that there are those who believe that if (better to say ‘when’) the republic is to be saved, it will be saved by the south and I’ve never bet against us yet!
Report Post »SICKANTIRED
Posted on December 13, 2010 at 12:23pmIm glad i live in Virginia :-)
Report Post »heavyduty
Posted on December 13, 2010 at 12:22pmDon’t get your hopes up yet, while this is good news. The government has a lot more money and they can print more at anytime. They will fight this tooth and nail. Besides they have been forcing us to get car insurance for years. While I am hopeful that they can’t I am not going to hold my breath.
Report Post »Sparkyspool
Posted on December 13, 2010 at 12:32pmyup!
Report Post »GhostOfJefferson
Posted on December 13, 2010 at 12:42pmYou’re not forced to get car insurance by the Federal government. Some states don’t even require it. Additionally, you don’t HAVE to drive a car, so you’re not really compelled to buy anything. The Nazicare law stipulates a mandatory purchase simply by the fact that you are born. Big difference.
Report Post »Eagle07
Posted on December 13, 2010 at 12:57pmYou are not forced to get car Insurance you do not have to drive.Also auto insurance is so that if you are in an accident you make the other person whole.It is protection for the person you hit.If you don‘t have health insurance as far as i’m concerned your only hurting yourself.And Obozo‘s agument that by forcing people to get health insurance the taxpayer don’t have to subsidize their care is bogus because they are going to have to put millions more on medicaid and who is going to pay for that ? The taxpayer.
Report Post »BlueStrat
Posted on December 13, 2010 at 1:13pmThey can only make you buy auto insurance if you choose to drive an auto on public roads (although it used to be the case in some states that the auto insurance requirement could be waived if one could put ‘X’ dollars into a special escrow account).
The problem here is the government making you buy something simply for being alive. That’s a bad precedent to set.
“Dateline 2013: The President announced today that due to the economic downturn, all citizens will be required to spend an additional $1,000 in goods or services over the next 30 days over and above current individual mandatory spending level requirements to ease economic conditions. Completed IRS Mandatory Spending Citizen Accountability forms must be returned to the IRS within 90 days to avoid late-filing fees and/or serious federal criminal penalties for non-compliance.”
This is the kind of power they wish to wield over We the People.
Report Post »bolec slodkie
Posted on December 13, 2010 at 12:22pmIt’s a start. Now can we roll back income taxes, sending money to other states, gun control, welfare…
Report Post »aLinedog
Posted on December 13, 2010 at 12:22pmHail OLD DOMINION!
Report Post »theVirginian
Posted on December 13, 2010 at 2:56pmhere here :)
Report Post »kevinewells
Posted on December 13, 2010 at 12:22pmThis is just one thing that should be undone
Report Post »Independent Tess
Posted on December 13, 2010 at 12:22pmHope this is a harbinger of things to come. Hooray!!!!
Report Post »@leftfighter
Posted on December 13, 2010 at 1:14pmShift focus to Florida.
The 20 state suit is back in front of the court on Thursday.
Report Post »BQI
Posted on December 13, 2010 at 12:21pmMore turning back of Obama policies. First, November elections now at least one Federal Judiciary District in my beloved Virginia. Thank you Judge Hudson, of Michael Vick fame.
http://www.blackquillandink.com
Report Post »HillBillySam1
Posted on December 13, 2010 at 12:48pmIt is a great start but it is far from finished….I sure hate being pessimistic when good news comes but experience has forced me to realize that the ones who are pushing for this Obamacare law are often three steps out in front. I am sure that they knew of this possibility and have already made plans to skirt around it. I sure hope that I’m wrong but something in my gut tells me to beware of the other shoe coming down. It sure sucks not being able to trust ANY branch of government.
Report Post »teahugger
Posted on December 13, 2010 at 1:50pm@Hillbilly: yeah, I hear where you‘re comin’ from. So far its only one out of 3 judges that have ruled for the Constitution. I don’t have much faith in any branch of government any more. I hope for the best and expect the worst.
Report Post »Strictlybusiness
Posted on December 13, 2010 at 12:21pmStrike it down, Abolish and outlaw it, and those who brought it about ! !
Report Post »airbrnmtr
Posted on December 13, 2010 at 12:21pmAbout Freaking time a judge with common sense.
Report Post »joseph Fawcett
Posted on December 13, 2010 at 12:21pmYea!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! May God be Praised!!!!!!!!!!!!!!! Some sense at last. I am sure the battle is not over yet. Keep on praying!!
http://www.jospehfawcettart.com western artist
Report Post »cbs71
Posted on December 13, 2010 at 12:28pm…yep !…
Report Post »kb1200cc
Posted on December 13, 2010 at 12:20pmHere comes the Calvary!
Report Post »Independent Tess
Posted on December 13, 2010 at 12:22pmCavalry. Yippeeeeeeee!
Report Post »REETZBEE
Posted on December 13, 2010 at 12:30pmBring it on! I’m ready to kick some ass.
Report Post »snowleopard3200 {mix art}
Posted on December 13, 2010 at 4:42pmCavalry? Just make sure it is a bloody big tank!!!
Report Post »Sergei
Posted on December 13, 2010 at 12:20pmLet the games begin…
Report Post »guyperram
Posted on December 13, 2010 at 12:19pmA judge that can read, and understanding, the horrible complicated language in our Constitution. I am shcoked. Gosh, Barry won’t be happy.
Thanks for doing your job correctly judge. It takes guts to stand up against these Marxists. I wonder if we will be visiting the same FEMA camp?
Report Post »aLinedog
Posted on December 13, 2010 at 12:28pmheheh, a few months ago I became aware of a few properties owned by FEMA here in Tn.. I rerouted my trip to go by them. Wanted to get a good look at my future ‘digs’. Oh sweet Socialism, I can’t wait to take my place in the Gulag so future citiz-err serfs will have a better life under the watchful eyes of Big Brother.
Report Post »Query: As described, in 1984, does Big Brother not appear to resemble a Bolshevik?
-Line
snowleopard3200 {mix art}
Posted on December 13, 2010 at 12:29pmIn the case of Mr Obama not being happy ask me this much…
Why shoud I even care?
Report Post »sayoung80913
Posted on December 13, 2010 at 12:19pmWHOOO HOOOO! THANK YOU GOD!!!!!!!!!!! Now let’s get down to business in writing a decent bi-partisan,constitutional non governmentally intrusive bill. YEAAAAAHHHHHHHH!
Report Post »untameable-kate
Posted on December 13, 2010 at 1:07pmRight scrap the entire POS and let’s do some things that make sense for the private sector and get government out of the health care biz. By the way is there any one of us that actually thought this atrocity is constitutional? I didn’t think so.
Report Post »Bad Thunder
Posted on December 13, 2010 at 12:19pmI‘m sure it’ll be overturned asap and judge will be done……….
Report Post »Scaz
Posted on December 13, 2010 at 12:38pmYup, look for the character assassination campaign on this judge to begin in 5, 4, 3, 2…………….
Report Post »FromtheBasement
Posted on December 13, 2010 at 12:54pmI’m not so sure, Bad Thunder. I wouldn’t be surprised if this eventually goes to the Supreme Court for final ruling. We can only hope they will agree.
Report Post »MrButcher
Posted on December 13, 2010 at 1:00pmme neither.
This crumby law is going down.
I can’t wait.
Report Post »untameable-kate
Posted on December 13, 2010 at 1:47pmWe have to hope (Mrbutcher) and pray (the rest of us) nothing happens to any conservative judjes on the SC while Obama is in office or we’re screwed.
Report Post »Polwatcher
Posted on December 13, 2010 at 12:17pmFantastic. The government can‘t force us to buy anything we don’t want.
Report Post »snowleopard3200 {mix art}
Posted on December 13, 2010 at 12:25pmThank God above there is still common sense among Justices!!!
This is a true grand miracle (in my book) we have been waiting for!!!
One more step in the restoration of the Republic has now happened, let us pray and continue to move forward to the restoration of Amercia, and to the greatest days ahead.
The storm is here indeed, yet one of the storm walls has been tested and found to be secure. The future is still happening and America is of the greatest people in the world.
WE will WIN!!!
Report Post »Edwardosan
Posted on December 13, 2010 at 12:28pmsnowleopard3200 {mix art}, I love your posts. They are ALWAYS right on!
Report Post »dwh320
Posted on December 13, 2010 at 12:32pmThe first steps back to sanity.
Report Post »BMartin1776
Posted on December 13, 2010 at 12:32pmWell lets see what happens now with other judges. Who doesnt see BHO and his radical admin trying to bypass our judicial system? This will end up at SCOTUS its not over. Wont surprise me is BHO sicks his wardog Sunstein onto this and somehow finds a way to reg the heck out of the HC system.
Keep eyes on any other Judges that may be hearing this argument, remember AZ passed a immigration law that the govt stepped in to say no you cant. They wont just give up on this, its more important to track the judges and who they are, anyone with common sense knows this law is garbage, BHO is not going to let it die in the courts.
http://www.savingtherepublic.com
Report Post »drbage
Posted on December 13, 2010 at 12:33pmAgreed. Finally, a judge who used the law combined with COMMON SENSE to make a judgement!
Report Post »Sparkyspool
Posted on December 13, 2010 at 12:34pmauto insurance, drivers lice, social security. any others?
Report Post »NickDeringer
Posted on December 13, 2010 at 12:39pmNext stop: Supreme Court. I don‘t think O’Barry will get his way on this.
Report Post »CYCLONE
Posted on December 13, 2010 at 12:39pm….by an appointed Clinton judge….. sssswwweeeeeeeettt…..
ME
Posted on December 13, 2010 at 12:45pm@Sparkyspool
Although I will not hold my breath on this its good to see a step in the right direction. As far as driving its not forced on you that you have to drive, Amish, so ride in a buggy and Social Security is not required many opt out of it and do not go to jail or are fined. And many state have state insurance already its not the feds to meddle with also there are the state vs. fed issues in driving that make it not the same as you are licensed by the state not fed anyway I just waste my time as you will probably not understand any of this or you would not have made the comment.
Report Post »bccrane
Posted on December 13, 2010 at 12:48pmBe careful what you wish for. Obama being a constitutional scholar knows that the mandate was unconstitutional and would be struck down. The mandate was to coop the private insurance companies to sign onto the deal because it would increase their customers, but once the mandate is struck down as unconstitutional you won’t have to buy insurance until you have a preexisting condition and private insurance will die leaving only the government to take on the insurance and then start rationing and of course the death panels. this bill needs to be repealed entirely.
Report Post »Polwatcher
Posted on December 13, 2010 at 12:59pm@Sparkyspool
Report Post »The law requires that we must have proof of financial responsibility for our auto if we are to drive on public roads. Insurance is the most practical way to achieve this or we do not need to drive on public roads. I still know a few people who don’t drive. The HC law would require us to buy health insurance if we are breathing…something quite different. But you have a point in that liberals probably can’t see the difference.
Silversmith
Posted on December 13, 2010 at 1:08pmI think we already own a chunk of GM and a pile of failing banks. So not so much. But this is a step in the right direction for sure.
NOW – REPEAL AND REPLACE!!
Silversmith
Report Post »mikem1969
Posted on December 13, 2010 at 1:19pmThank god there are still some judges out there that abide by the constitution. HEY WASHINGTON, HOW ABOUT FOLLOW HIS EXAMPLE AND ABIDE BY THE CONSTITUTION.
Report Post »thepatriotdave
Posted on December 13, 2010 at 1:25pmGood. We finally have some good news coming from a federal judge. I had about given up on them too.
PatriotShops.com
Report Post »@leftfighter
Posted on December 13, 2010 at 1:26pm@Sparkyspool
“auto insurance, drivers lice, social security. any others?”
Auto insurance & drivers licenses are red herrings. The 10th Amendment provided that powers not granted to the federal government nor prohibited to the states by the US Constitution are reserved to the states or the people.
In other words, the federal government doesn’t have a right to mandate either licenses or insurance, but the states do.
Unless I’m mistaken, unfortunately Social Security was upheld by SCotUS in the ‘30’s. If so, it’s considered settled law by now. That means (like Roe v Wade) you’re looking at a Constitutional Amendment to outlaw it. That’d be great, but getting 2/3 of Congress to pass, then 2/3 of the states to ratify it would be a heck of a long road to hoe.
Report Post »untameable-kate
Posted on December 13, 2010 at 1:37pmThat auto insurance arguement really ticks me off. Since when do we license people to live? THATS the darned difference, if I sprain my finger it doesen’t affect you, if I run you down with my truck now I better have that insurance. The two things have NOTHING in common.
Report Post »Kisha
Posted on December 13, 2010 at 1:41pmAnd the sky opens up and reveals the heavens above!!! Ok, it’s not that good of news… BUT PRETTY DANG GOOD! hahaha =0)
Report Post »tower7femacamp
Posted on December 13, 2010 at 2:02pmI wonder if de-population and agenda 21 is constitutional ?
Report Post »http://www.activistpost.com/2010/12/viruses-and-gm-insect-flying-vaccine.html
and Bill Gates killing vaccines
http://stevenjohnhibbs.wordpress.com/2010/03/06/bill-gates-and-eugenics-using-vaccinations-to-reduce-population/
LadybugsTX
Posted on December 13, 2010 at 2:04pmI don’t know about you guys, but my insurance premium will be going up 116% on January 11th. My deductible also more than doubles. On the bright side, I am now forced to have maternity, well baby and annual prostate exam coverage now. I‘m a 45 year old woman who’s baby is 24… Meanwhile, the Purple People Beaters aka SEIU get a frickin waiver because Obamacare sucks EXACTLY LIKE WE SAID IT WOULD? After all they did to help Pelosi shove this down our throats, now they get a pass? I don’t think so. It’s there bed really, they should have to lie in it like the rest of us are forced to do.
Report Post »JustTheFactsPlease
Posted on December 13, 2010 at 2:05pmNo big surprise there. IT INFRINGES upon my Liberty, and my pursuit of Happiness! Same with SOOO many things. If you Read BROKE, you know we need a constitutional amendment to have a balanced budget. PLUS!! we need to abolish the federal reserve, abolish the DOE, make education private once again, scale back ALL entitlement programs and ask, how can we give one group of people something? and at who’s expense. Too many bad things happening, I choose to invest in Gold and Silver and I don’t pay the huge commissions the GoldLine wants to charge me. Secure Gold Silver dotCOM. For my weapons, Cheeper then Dirt dotCom. :-)
Chance favors the prepared mind.
Report Post »123gone
Posted on December 13, 2010 at 2:10pmWell, that’s ONE Federal Judge; Do I hear TWO?
Report Post »Parkeralan
Posted on December 13, 2010 at 2:19pmThis will be decided by SCOTUS. Just another reminder why elections matter big time! With a Liberal court we would have had President Gore, guns confiscated etc; SCOTUS will repeal this law 5-4 unless the crazy left assassinates one of the conservative justices and Obama apoints a leftist. Think this is impossible? Pray hard my friends and pray often…..
Report Post »The Third Archon
Posted on December 13, 2010 at 2:33pmExcept automotive insurnace, which you ARE required to buy.
Report Post »Except the protections of the social contract, which you ARE required to buy (in the form of taxes).
Except social security insurance (Medicare and SS) which you ARE required to buy (again, with taxes)
Rowgue
Posted on December 13, 2010 at 2:35pmIncorrect POLWATCHER. The laws in most states now require mandatory auto insurance coverage. General proof of financial responsibility is no longer acceptable.
And for all the morons that think mandatory auto insurance is right and mandatory health insurance is wrong…how stupid are you? The differences are just semantics. You cannot support one and not the other, it‘s not possible if you’re being intellectually honest. The government NEVER has the authority to force citizens to purchase anything. It doesn‘t matter if it’s the federal government or a state government. And the driving is a privelige argument is bogus. That‘s why you have a driver’s license. That is your qualification to drive. That is what the government can regulate.
The mandatory insurance laws don’t do anything anyway. All the illegals are still driving without insurance, drivers license, or any sort of identification whatsoever. All it is is a cash cow so they can fine people when their insurance lapses for a week or they send the verification of insurance survey to the wrong address.
Report Post »@leftfighter
Posted on December 13, 2010 at 3:01pmOut. Freaking. Standing.
Report Post »@leftfighter
Posted on December 13, 2010 at 3:02pmI’m still processing this. Just. Out. Freaking. Standing.
Report Post »Sinista Mace
Posted on December 13, 2010 at 3:06pmIf it is unconstitutional to FORCE us to buy something, then it ought to be unconstitutional to FORCE us to buy stuff by TAKING our money through taxes and SPENDING IT on whatever the hell they want.
It just follows good logic.
Report Post »@leftfighter
Posted on December 13, 2010 at 3:08pm@LadybugsTX
“I don’t know about you guys, but my insurance premium will be going up 116% on January 11th.”
It’s open enrollment at my job. Pair Obamacare with my company being acquired recently, and the new company doesn’t want to pay for what the old regime did.
I have a co-worker whose premium is TRIPLING from ~$100 to ~$300. Thank God I‘m on my wife’s coverage. It’s “only” 62%.
Report Post »C.C.D.
Posted on December 13, 2010 at 3:12pmGovernment Mandate, has Ruby Ridge written all over it. The first miss guided moron comes back in my woods demanding payment, is going to need health care!!!
Report Post »davecoolworld
Posted on December 13, 2010 at 3:31pmThere is some semblance of sanity left on the benches of America. This will go to the US Supreme Court and with the recent appointments, I think we are not out of the woods.
Christie/Rubio 2012
Report Post »Republic Under God
Posted on December 13, 2010 at 3:48pmActually, Polwatcher they already have. It’s an insurance all who work buy into. It is Social Security Insurance (SSI). I want THAT one to be thrown at the constitution and see how it stands.
Report Post »101
Posted on December 13, 2010 at 3:51pm.
Federal judge should rule it was unconstitutional the way they pushed Obama care thru the house!
Back room deals bribes and threats and nobody even read the bill, let’s alone the earmarks…“transparency” isn’t that what Obama campaigned on [FAIL]!
Report Post »supercross99
Posted on December 13, 2010 at 7:52pmToo bad they already force us to buy into Social Security and Medicare.
Report Post »Oh, but that‘s ok because that’s a ‘tax’ ….. LAME
SocalNate
Posted on December 14, 2010 at 1:11amGlad this Judge made the proper decision but standby for the “ Constitution is out dated” argument from the administration….
Report Post »tradexpertbuysell
Posted on December 14, 2010 at 8:28amThe 4th Reich is being threatened. Obama must sue like he did Arizona.
Haven’t these simple folk heard. Common sense is unconstitutional!
Heil Hitler!
Report Post »