Posted by Jim Hoft on Monday, December 13, 2010, 11:10 AM
Federal judge strikes down linchpin of the president’s plan…
U.S. District Court Judge Henry E. Hudson ruled today that the federal mandate in Obamacare is unconstitutional.
The decision is here .
Thank you Speaker Pelosi.
Now we know what’s in the bill… And it’s illegal.
The judge ruled that the Constitution’s commerce clause prevents the federal government from requiring individuals to purchase health insurance.
Legal observers say Hudson, a President George W. Bush appointee, ruled against the Obama administration in the lawsuit filed by Virginia Attorney General Ken Cuccinelli (R).
A federal judge in Virginia has found a key provision of the healthcare law unconstitutional, the first such ruling on President Obama’s landmark reform.
Judge Henry E. Hudson of the Eastern District Court in Richmond, appointed by George W. Bush, ruled that the law’s mandate that all Americans have a minimum level of coverage, or pay a fine if they do not, exceeds federal authority.
Virginia’s Republican Attorney General, Ken Cuccinelli, challenged the law by rejecting the federal government’s view that the mandate is enforceable under the Commerce Clause of the Constitution. The state was seeking an injunction against the entire healthcare act if the mandate was found unconstitutional.