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ObamaCare Individual Mandate Struck Down

A signal victory for constitutional government.

by
Clarice Feldman

Bio

December 13, 2010 - 1:44 pm
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Here’s more from Hudson’s decision today:

[T]he bill embraces far more than health care reform. It is laden with provisions and riders patently extraneous to health care-over 400 in all…. [at p. 38]

The final element of the analysis is difficult to apply in this case given the haste with which the final version of the 2,700 page bill was rushed to the floor for a Christmas Eve vote. It would be virtually impossible within the present record to determine whether Congress would have passed this bill, encompassing a wide variety of topics related and unrelated to heath care, without Section 1501. [at p. 39]

The attorney general of Virginia, Ken Cuccinelli, has indicated he believes the case will go to the Supreme Court. “I am gratified we prevailed. 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,” said Cuccinelli.

I can’t argue with that assessment.

This afternoon Cuccinelli held a press conference to explain his view of the case and what the next steps would be. He said this litigation was a “long process”, that as the case was wending its way to the Supreme Court he was “happy to go with a win in round one.” He reminded those present of the many commentators who said Virginia’s suit was “frivolous” and meritless. He anticipates the administration will seek an appeal in the Fourth Circuit and plans to seek an agreement to expedite that process to avoid the costs the Commonwealth would be forced to incur as the appeal proceeds.

As for the severability issue, the Attorney General said: The administration said in court it would abide by the Court’s declaratory outcome. In his opinion  [p. 40] the Judge indicated which provisions were dependent on Section 1501’s mandate and the Court had no need to enjoin the enforcement of those provisions because it is anticipated the government would  keep its word and abide by that ruling.

Rasmussen reports that ObamaCare has gotten even more unpopular as time wears on:

Time doesn’t seem to be winning the new national health care law any more friends. Most voters have favored repeal of the law every week since it was passed and support for repeal has now inched up to its highest level since mid-September. Many Americans remain concerned that the law will force them to change their health insurance coverage.

The latest Rasmussen Reports national telephone survey shows that 60% of Likely U.S. Voters at least somewhat favor repeal of the health care law while 34% are opposed. As has been the case since the law was first passed, those who favor repeal feel more passionately than those who want to keep the law–46% Strongly Favor repeal while just 23% who are Strongly Opposed.

Twenty states are already challenging the law. In Florida, Judge Vinson has already expressed his skepticism at the administration’s arguments. Cuccinelli indicated with the electoral changes in the various states, he anticipated one half of the states would be challenging ObamaCare in court. He couldn’t think of another case with such significant state opposition and neither can I. In the Florida case, Judge Vinson has refused to dismiss the case.

This was a signal victory for constitutional government with the promise of more to come.

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Clarice Feldman is a retired litigation lawyer who lives in D.C. She's a news junkie addicted to the internet.
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