Federal Judge: Commerce Clause cannot be used to collect for government run healthcare

Federal Judge, Henry E. Hudson, rules in favor of Virginia that section 1501 of  the Obama government run healthcare law is unconstitutional – the federal government cannot use the interstate commerce clause to require all people to buy insurance.  He said it is not  “economic activity.”  At this stage, this only applies to Virginia.

Greta says she has read the ruling and that the judge severed 1501 and the rest of the government run healthcare law still stands under this particular ruling.  However, 1501 is the part that finances the entire thing, so that presents a problem, obviously, in funding the thing.

She said the next state scheduled will be Florida.  If Florida gets the same ruling, maybe Florida and Virginia could go ahead and take it to the Supreme Court and get a final ruling.  I’m not sure how that would work.  I would think it would be the feds who would have to take it up because they would be the losers.  Maybe I didn’t  understand that properly.

What is amusing about this is the fact that the feds are arguing that it is a Tax, and, therefore, the government has a right to levy a tax, trying to get around the use of the commerce clause.   This flies in the face of all the promises there would be no new taxes.

Also, it will be interesting to see if Judge Hudson now becomes a target of the administration and the progressive state controlled press.

Background:  http://www.roanoke.com/news/breaking/wb/240770

Longer clip here:

After it has become clear that healthcare costs and insurance premiums are going up under the Obama government run healthcare program, I heard one congressman refer to the “least among us” that this bill was supposed to help as “freeloaders.”  Interesting how contempt increases as their power increases.

Posted:  12.13.10


Filed under health care, politics, Uncategorized

3 responses to “Federal Judge: Commerce Clause cannot be used to collect for government run healthcare

  1. Pingback: Penalties Aren’t Taxes | 538 Refugees

  2. Pingback: The Moral Liberal

  3. Pingback: Penalties Aren’t Taxes

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