Home > Federal, National > Virginia Judge Declares Health Care Mandate Unconstitutional; Next? ObamaCare mandate and SCOTUS

Virginia Judge Declares Health Care Mandate Unconstitutional; Next? ObamaCare mandate and SCOTUS

December 14, 2010

December 14, 2010

ObamaCare mandate and SCOTUS

Thomas Lifson – American Thinker

Nearly everyone agrees that Judge Hudson’s finding that the ObamaCare health insurance mandate is unconstitutional will be appealed to the Supreme Court, which will have the final say. The only question is whether the government will agree to expedited treatment, which would bypass the Fourth Circuit Court of Appeals (which most observers agree is likely to uphold Judge Hudson’s decision).

Jennifer Rubin, the superb political analyst who recently moved from Commentary Magazine to the Washington Post, notes a singular fact that should lead to Judge Hudson’s decision being affirmed by the SCOTUS:
…here’s the tricky part: Justice Elena Kagan, having served in the Obama Justice Department, is surely to recuse herself. With the “liberals” one judge down, even a Kennedy vote to uphold the individual mandate would presumably result in a 4-4 tie. And guess what? If there is a tie, the lower ruling stands. In other words, this is really bad for ObamaCare advocates.
Hat tip Richard Baehr
 
And here’s a collection of articles as to this major victory: Judge Hudson’s finding.
 

American Spectator

Patriot Updates

Le·gal In·sur·rec·tion

WSJ-Politics and Policy

WSJ – Opinion

Family Security Matters

A U.S. District judge has found that a main clause of ObamaCare, demanding that Americans must purchase health insurance, is unconstitutional.

Yesterday, U.S. District Judge Henry Hudson ruled that the individual mandate of ObamaCare – demanding that a citizen must purchase insurance or face IRS penalties – was unconstitutional…

FreedomWorks 

Libertarian-Republican

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