Monday, December 13, 2010

Federal Judge to Rule on Health Law's Constitutionality (Updated)

Wall Street Journal  "The Virginia challenge is led by that state's attorney general, Republican Ken Cuccinelli. Separately, U.S. District Judge Roger Vinson in Pensacola, Fla., on Thursday will hear arguments in a challenge brought by officials in 20 states. He could offer the clearest indication yet of how he will rule."

U.S. Health-Care Law Requirement Thrown Out by Judge (Update3)  "“At its core, this dispute is not simply about regulating the business of insurance -- or crafting a scheme of universal health insurance coverage -- it’s about an individual’s right to choose to participate,” wrote Hudson, who was appointed by President George W. Bush in 2002."

 U.S. District Court Judge Henry E. Hudson found that Congress could not order individuals to buy health insurance. ""I am gratified we prevailed," Cuccinelli said in a statement. "This won't be the final round, as this will ultimately be decided by the Supreme Court, but today is a critical milestone in the protection of the Constitution."
"Federal officials responded that they are confident the statute will ultimately be upheld."

And this from Legal Insurrection:  "A Judge in Virginia has held the health care mandate to be unconstitutional. The decision is here and embedded below.
"The Judge rejected the position of the government that the mandate was an exercise of taxing power:"
It is clear from the text of Section 1501 that the underlying regulatory scheme was conceived as an exercise of Commerce Clause powers. This is supported by specific factual findings purporting to demonstrate the effect of the health care scheme on interstate commerce. In order for the noncompliance penalty component to survive constitutional challenge, it must serve to effectuate a valid exercise of an enumerated power-here the Commerce Clause. [at p. 36]

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