Tuesday, December 14, 2010

Mandatory health care deemed unconstitutional

I am breaking my own hiatus to amplify what everyone has undoubtedly heard, that the Federal District Court for Eastern Virginia has ruled as unconstitutional section 1501 of the Patient Protection and Affordable Care Act (commonly and inelegantly known as "Obamacare"). What is newsworthy is that the decision itself is a very clear and readable statement expressing the limits of Congressional power under the Constitution. My .pdf link to the text is provided by the Wall Street Journal.

Judge Henry E. Hudson acknowledges that the case will be appealed two more times -- to the Fourth District Court of Appeals and to the Supreme Court of the United States; but because the issues were so clearly those of law, and because of the clarity of this decision, there is much room for hope that his ruling will be sustained.

If you do not have the patience to read the entire ruling, start with section VII on page 32 and read the remainder.

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