HolyCoast: Federal Judge Rules Obamacare Unconstitutional
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Monday, December 13, 2010

Federal Judge Rules Obamacare Unconstitutional

From Bret Baier at Fox News:
A federal judge declared the Obama administration's health care law unconstitutional Monday, siding with Virginia's attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court.
The main problem is the mandatory insurance coverage clause in which the law requires the people to purchase a consumer product, and there is no constitutional authority for that.  What can they order you to buy next - Chevys?  The government has an interest in keeping GM alive too.

Let's not forget that the mandatory purchase clause is the card at the bottom of the house of cards that is Obamacare, and if you pull that out the whole thing falls.  That clause was included to ensure that healthy people, who might otherwise decide not to buy insurance, are force to buy policies to help pay for the unhealthy people.  Many of those people are among today's "uninsured", not because they can't afford insurance but because they don't want to buy it.

And thanks to the absence of a severability clause in the law if any part of it is ruled unconstitutional the whole thing gets tossed.  Obamacare may be in for a rough ride.

1 comment:

Sam L. said...

Rough ride? Giddy YAP, abd Hi YO Silver, Awayyyyyyyyyyy!