From a report by CNN:
U.S. District Court Judge Henry Hudson struck down the “individual mandate” requiring most Americans to purchase health insurance by 2014. The Justice Department is expected to challenge the judge’s findings in a federal appeals court.
Hudson’s opinion contradicts other court rulings finding the mandate constitutionally permissible.
“An individual’s personal decision to purchase — or decline purchase — (of) health insurance from a private provider is beyond the historical reach” of the U.S. Constitution,” Hudson wrote. “No specifically constitutional authority exists to mandate the purchase of health insurance.”
Hudson is the first judge to rule that the individual mandate is unconstitutional. He said, however, that portions of the law that do not rest on the requirement that individuals obtain insurance are legal and can proceed.
So herein lies the danger of the Obamacare lawsuits – they’re validating a vast majority of the national health care law – unconstitutional as well – when there’s no delegated power in the Constitution that allows D.C. to be in the health care business at all.
Latest posts by Michael Boldin (see all)
- Unconstitutional: The War Powers Resolution of 1973 - April 20, 2018
- James Madison’s Federalism Flip-Flop - April 9, 2018
- Daniel Webster’s Nullification Flip-Flop - March 30, 2018