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The Spectacle Blog
Dealing a blow to the Obama administration, a federal Judge on Monday ruled that the requirement that individuals purchase health insurance — a central component of the national health care law — “exceeds the constitutional boundries of congressional power.”
In a 42-page ruling (PDF), U.S. District Court Judge Henry Hudson, an appointee of George W. Bush, said that the Commerce Clause of the constitution did not give the federal government the authority to force an individual to purchase something. He also rejected the Obama administration’s argument that the mandate to purchase “minimum essential coverage” was justified by Congressional taxing power. At the same time, Hudson declined to overturn the entire law, severing the mandate from the rest of the legislation.
The decision arose from a lawsuit brought by Virginia Attorney General Ken Cuccinelli, one of the two main legal challenges to ObamaCare. The other one is led by Florida and involves 19 additional states.
“Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market,” Hudson wrote. “In doing so, enactment of the Minimum Essential Coverage Provision exceeds the Commerce Clause powers vested in Congress under Article I.”
The judge went on to say that, “Because an individual’s personal decision to purchase — or decline to purchase — health insurance from a private provider is beyond the historical reach of the Commerce Clause, the Necessary and Proper Clause does not provide a safe sanctuary…The Minimum Essential Coverage Provision is neither within the letter nor the spirit of the Constitution. Therefore, the Necessary and Proper Clause may not be employed to implement this affirmative duty to engage in private commerce.”
The Obama administration had also advanced a secondary argument that the mandate could be justified under the Congress’s power to levy and collect taxes. Yet Hudson said this argument didn’t hold up, because the revenue collection element is incidental to the mandate — it’s a penalty and its primary purpose is as a regulatory enforcement mechanism. Also, the legislation itself cited the Commerce Clause as its constitutional justification.
Hudson did rule against Virginia on two other counts, though. As enacted, the law did not include what’s known as a “severability clause,” which specifies that if one part of the law is struck down, the rest of the law stands. Virginia had argued that it should be struck down entirely if the mandate is considered unconstitutional, but Hudson declined to do so, saying the Court didn’t have sufficient information to determine “what, if any, portion of the bill would not be able to survive independently.”
Hudson also declined to grant Virginia’s request for an injunction against the mandate, because it has not yet gone into effect.
The judge acknowledged that “the final word will undoubtedly reside with a higher court.”
It should be noted that in two other lower profile cases, liberal judges have upheld the health care law. So ultimately, it’s likely that this will end up having to be decided by the Supreme Court, with Anthony Kennedy, as always, casting the deciding vote.
View all comments (15) | Leave a comment
More Blog Posts by Philip Klein
http://spectator.org/blog/2010/12/13/federal-judge-declares-obamaca
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Eric Cartman| 12.13.10 @ 1:31PM
Smell that? *Sniff, sniff* I believe it's fresh air!
JmsA| 12.13.10 @ 1:33PM
Great news to start the week.
Oldefarte| 12.13.10 @ 1:40PM
This is GREAT NEWS......and now onward/upward to the SCOTUS!!!!!!!!
DC| 12.13.10 @ 1:55PM
Can't wait to see that vile harpy Sebelius' reaction to this. And the totalitarian trolls who moulder about on government or union welfare, whining at folks on this site to shutup and do what our Ruling Class tells us, or else....or else what, I often wonder. I realize that Maobamacare supporters are auditioning for plum posts as concentration camp guards or Death Panel Commissars, but it will be hard to get there from here without completely purged courts and completely disarmed citizens. Good luck, especially with the latter.
Another thought, what else do our statist elite believe we should be forced by the federal government to purchase? If the answer is, in effect, anything that a federal law says we must, then there really is no limit on the power of the federal government, and states should simply cease to exist. They could remain, I guess, as administrative conveniences, but with no independent authority. But there's no need for a Commerce Clause at all, then, is there?
Which would suit the Black Justice Dept just fine, since VA Atty Gen Cuccinelli would just be an Assistant Deputy AG for the Virginia Administrative Region, and would already have been fired by that filthy racist Holder.
Nice work Ken but as we all know, this is but a minor skirmish in a long battle whose outcome is far from certain.
beebop| 12.13.10 @ 2:16PM
Smack the trolls with this: http://www.hhs.gov/ociio/regul.....aiver.html
Its the list of 111 organizations (and growing) who supported obamacare until it came to them.
Hypocrisy is not the right word ... but somehow the right one eludes me.
Linda Loeffelbein| 1.14.11 @ 6:57PM
I believe that if we make taxes higher than the job market is going to break then the economy. And, the sicker our society becomes the more taxes and more expense. And, where will it come from?
George S| 12.13.10 @ 2:25PM
Regardless of this court's decision, the bill itself needs to be repealed. As long as HHS has the regulatory power over insurance companies, it's only a matter of time before they are driven out of business or become absorbed into government. If nobody's around but the government to provide you with access to health care, what is the difference?
Al Adab| 12.13.10 @ 2:29PM
Other Federal Judges have ruled it Constitutional. At least a couple states, MO and AZ I believe, have had voter referenda on "opt out" and the propositions were passed strongly. Twenty states are suing over the mandate. This is our modern nullification crisis. The States will simply not play regardless of what The Supreme Court (with it's Obama appointees) might rule. How might the Executive choose to attempt enforcement of his mandate?
ncatty| 12.13.10 @ 2:49PM
Finally a constitutional line has been drawn by a court beyond which the Federal Government cannot intrude on... we the people. Let us pray that the decision is upheld, and the tide of absolute and unfettered Federal power ebbs. Let the PPAC be remembered as the high water mark of Federal tyranny.
Oldefarte| 12.13.10 @ 3:18PM
It all hinges on defeating El Chosen One in 2012, electing a Republican president, and thereafter instituting repeal legislation that will not be vetoed!!!!!!!!!!
Al Adab| 12.13.10 @ 3:43PM
It will take more than just a Republican President. Too many of those are accomodationists. It will take a Constitutional Conservative. Does that Sotomayor appointment matter now?
Dale Cord| 12.14.10 @ 11:16AM
You people have already lost, you have allowed these "LAWBREAKERS" to continue to lead you around by the nose,and now your genitals,you need to find the land of OZ in your fantasy world, and ask for courage for you are just like the cowardly lion.Why Dorthy had more courage than you cry baby whiny-butts.You have abdicated your right to be called an American! Now those 9 vermin who sit in their Black Robes will determine your fate once again. Black is such a fitting color for them,for it also represents the Grim Reaper.Gloom and Doom and the only future for stumbling cowardly bumpkins intoxicated with themselves. Those who made America great have gone down into their graves fighting for her Reputation and survival. All that is left is a bunch of baby's feeding off of their bottles, being held by a bunch of vermin they call their government
Timely Renewed | 12.16.10 @ 12:22AM
Judge Hudson's decision is good news, and we all hope that it will prevail when Obamacare finally reaches the Supreme Court two years from now. However, that is not certain, and there remain substantial political powers who regard this vast extension of federal power as acceptable based upon the Supreme Court's vast expansion of the interstate commerce clause since 1937. The only sure way to stop not only Obamacare, but the innumerable other ways in which the federal government has increased its power beyond the original scope of the Constitution, is to reverse those Supreme Court cases and restore the interstate commerce clause to its original meaning. Given how entrenched these Supreme Court precedents are, this will require a constitutional amendment restating the original, very limited scope of the interstate commerce clause. See http://www.timelyrenewed.com
Dale Cord| 12.28.10 @ 1:10PM
2011 a year that will live in Infamy. Future school history books will read: The year the Muslims conquered the United States of America. With not so much as a whimper from its cowardly military leaders, and name calling armchair patriots. Disgraceful,Shameful there are no words to adequately describe her defeat. As the 300 Spartans strength and ingenuity conquered all of those who challenged them, so a small band of renegades conquered the greatest country the world has known. When Davids rock slued Goliath. It also foretold a warning. "The bigger they are,the harder they Fall." Our country lost its battle of survival when it became intoxicated with its deceptive mentality, that it did not need its Creator anymore, and wisdom no longer was apart of its citizens physiology to survive
Karthick| 1.4.11 @ 3:43PM
Obamacare...Thanks,,,Amazing News World… Believe It Or Not But Its True… For More Visit At http://beingenious.blogspot.com