Monday, December 13, 2010

Judge: ObamaCare Individual Mandate Unconstitutional

A federal judge delivered a significant blow to President Barack Obama's healthcare law today, ruling that the law's central provision is unconstitutional.

Judge Henry E. Hudson of the Eastern District of Virginia said that the mandate requiring individuals to buy insurance or pay a federal fine exceeded "constitutional boundaries."

In a 42-page opinion, Judge Hudson said that the Constitution's Commerce Clause has never been extended "to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market."

Virginia’s challenge to the law was led by Republican attorney general, Ken Cuccinelli. More than 20 federal lawsuits have been filed against the healthcare bill. Another big challenge is scheduled to be heard in Florida on Thursday, when Federal District Judge Roger Vinson will hear arguments in a suit joined by 20 states.

Two separate rulings have determined that the individual mandate provision is constitutional.

President Obama signed the sweeping bill into law on March 23, but the individual mandate does not go into effect until 2014.

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