Today, in a landmark decision, U.S. District Judge Henry Hudson struck down parts of the new federal health care law. Specifically, Hudson declared the mandate that all individuals buy health insurance unconstitutional.
"This won't be the final round," remarked Virginia's attorney general, Ken Cuccinelli, who filed the case, "but today is a critical milestone in the protection of the Constitution."
Judge Hudson wrote in his statement, "This broad definition of the economic activity subject to congressional regulation lacks logical limitation and is unsupported by previous legal cases around the Commerce Clause of the Constitution."
While the U.S. Supreme Court will ultimately decide the fate of the individual mandate in the health care law, the judge's statement echoes the sentiment of many Americans that the broad reach of the federal government through mandates has become an increasingly slippery slope.
This is an important victory for those of us who value individual liberty and freedom of choice in health care.
Kentucky's governor and attorney general have chosen not to uphold their constitutional duty to protect the commonwealth's citizens from Washington's heavy handedness. Thank goodness Vriginia's leaders stepped forward and forced the issue.
To follow all of the court decisions surrounding the health care bill, visit FreedomKentucky.org.
Monday, December 13, 2010
Virginia judge declares parts of health care fiasco unconstitutional
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4 comments:
This is a monumental step in the health care law debate. If only Kentucky's AG would fight for the rights of citizens like Ken Cuccinelli has been.
Requiring the purchasing of insurance is no more an attack on individual liberty or freedom of choice than it is for states to require auto insurance, or banks to require mortgage insurance. Insurance, is just money replacement. It replaces money that would otherwise have to come from one's earnings or profits.
The Patient Protection and Affordable Care Act is clearly constitutional. The general welfare clause (Art I, Sec 8, Clause 1) & (Art 1, Sec 8 Clause 8) says that Congress shall promote the progress of science and useful arts. Congress has the power to levy taxes to provide for these expenses. Health care and its delivery system is the result of science and useful arts.
The defense tried to weasel around these parts of the Constitution by citing the commerce clause.
No one has yet to cite any provision in the Constitution that prohibits the healthcare bill. As Alexander Hamilton asked in Federalist Paper 84, "why declare that things shall not be done which there is no power to do?"
There's nothing in the Constitution that prohibits promoting the general welfare including healthcare and the means to pay for it.
Hempy says the government requiring everyone to buy health insurance is no different than states requiring auto insurance or banks requiring mortgage insurance.
I don't have any auto and I am not forced to buy auto insurance.
I don't have a mortgage and I am not forced to buy mortgage insurance.
I will be forced to by health insurance I don't want.
Cite all the clauses you want but common sense says the government crossed over the line in all the heath care mandates.
Didn't know Hempy was a lawyer, and a lot smarter than a federal judge, too.
Get over it Hempy. The act is in trouble with the Constitution. Even the courts are starting to say so.
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