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Posted by JERRY K. REMMERS, TMV Columnist in At TMV, Breaking News, Health, Law.
Dec 13th, 2010
A U.S. District Court judge in Virginia has ruled a provision of the health care reform law is unconstitutional. It is the provision that mandates all Americans have a minimum level of coverage, or pay a fine if they do not.
The Los Angeles Times reports Judge Henry Hudson said the mandate exceeds federal authority. This challenge, among many in the federal court system, was brought by Virginia Attorney General Ken Cuccinelli who argued against the government’s view that the mandate is enforceable under the Commerce Clause of the U.S. Constitution.
On Monday, U.S. District Judge Henry Hudson denied a request from Virginia Atty. Gen. Ken Cuccinelli, the lead plaintiff, to stop implementation of the law while higher courts consider the case.
But the ruling by Hudson, a Republican appointed to the bench by President George W. Bush, strikes the most serious legal blow to the law thus far and moves the case toward an expected showdown in the U.S. Supreme Court, perhaps in 2012.
The core of the state of Virginia’s lawsuit is the unprecedented insurance mandate in the new law, which will require most Americans to get health insurance starting in 2014 and penalize those who do not.
The requirement is seen as critical by most health policy experts because it would spread risk more broadly, controlling insurance premiums for everyone and allowing federal government to prohibit insurers from denying coverage to higher-risk Americans with preexisting medical conditions.
Without a mandate, Americans would be able to buy insurance only when they got sick, driving up premiums, a phenomenon that has occurred in several states that have guaranteed coverage without any requirement.
Obama administration lawyers have defended the mandate as permissible under what is known as the Commerce Clause, which gives the federal government broad powers to regulate interstate economic activity.
But conservatives have countered that the new law oversteps this authority by requiring Americans to obtain a specific product, something that has never before been mandated by the federal government.
Hudson was unequivocal in his 42-page decision.
Originally posted by SaturnFX
This happened early this morning...
its now late afternoon......
do you honestly think there isn't 300 other threads on this already? :-\
Originally posted by CanuckCoder
reply to post by 46ACE
Maybe you should note that 2 other states declared it constitutional. Also, if you read the arguments, it seems the judge believes it to be unconstitutional, but there are other sections in the constitution that make it perfectly legal.
This judge has not seen the last of this and will need to look at it more carefully next time around.
The reason for healthcare is simple: The right to live a life, healthy and full, for every american...including the poor. Any other argument is a deflection of this specific known fact. Every man, woman, and child deserves to live healthy. America is not a 3rd world country, why treat some of your people like their 3rd world people?
Besides, they spend plenty on wars...why not on HEALTH.edit on 13-12-2010 by CanuckCoder because: (no reason given)