VA Judge Affirms the Constitution

District Judge Henry Hudson affirmed what should be patently obvious to anyone with the feeblest familiarity with the U.S. Constitution.  Judge Hudson ruled that ObamaCare “exceeds the constitutional boundaries of congressional power.” 

Regrettably, the court refused to issue an injunction preventing implementation of ObamaCare.  Judge Hudson reasoned that the coverage mandate could be severed from the rest of the law.

Health care stocks have already responded.

U.S. health-care stocks extended gains after the ruling. The Standard & Poor’s 500 Health Care Index rose 0.5 percent at 12 p.m. New York time. UnitedHealth Group Inc. and Coventry Health Care Inc. led gains.

Injunctive relief would be nice, but extinguishing the coverage mandate effectively weakens the rest of the monstrous legislation.  Ironically, the court held that invalidating the mandate does not require the extermination of the entire law because there are so many extraneous, non health care related provisions and riders attached. 

In his ruling, Judge Hudson pointed out that he’s not commenting on the “wisdom” of Congress in passing this junk; the sole issue before the court was the constitutionality of the Minimum Essential Coverage Provision.  Thus, the plaintiff’s question was only as to the legality of the law, not how incredibly awful it is.

The court also held, correctly, that the administration’s belated attempt to call the insurance mandate a “tax” is nonsensical. 

In essence, the Obama administration wanted the matter to turn on their Utopian delusions about the potential outcomes of a government run health care system, rather than on the constitutionality.  Liberals always want you to focus on their stated intent and ignore the tyranny inherent in their grand schemes.

Overall, Judge Hudson bases his ruling on sound constitutional principles, citing Article 1, Section 8 which confers upon congress only discrete enumerated governmental powers.

 

 

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  • By 12-14-10 Expert Guests for Your Show on December 14, 2010 at 11:37 am

    [...] District Judge Henry Hudson affirmed what should be patently obvious to anyone with the feeblest familiarity with the U.S. Constitution.  Judge Hudson ruled that ObamaCare “exceeds the constitutional boundaries of congressional power.” Regrettably, the court refused to issue an injunction preventing implementation of ObamaCare.  Judge Hudson reasoned that the coverage mandate could be severed from the rest of the law. In his ruling, Judge Hudson pointed out that he’s not commenting on the “wisdom” of Congress in passing this junk; the sole issue before the court was the constitutionality of the Minimum Essential Coverage Provision.  Thus, the plaintiff’s question was only as to the legality of the law, not how incredibly awful it is. [more...] [...]

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