I refuse to allow myself to get too excited about the chances of Obamacare ultimately being declared unconstitutional, but I’m definitely semi-psyched that this horrid law has been declared void by another federal judge. Here’s what the Washington Examiner has to say.
The full text of the decision from Federal Judge Roger Vinson is not available yet, but according to reporters who’ve seen the decision, he’s ruled the entire Patient Protection and Affordable Care Act unconstitutional. The ruling favors of the 26 state attorney generals challenging the law. The judge ruled the individual mandate that requires all Americans to purchase health insurance invalid and, according to the decision, “because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.”
By the way, my skepticism has nothing to do with the legal merits. I have no doubt that our Founding Fathers would be horrified by much of what happens in Washington, and there is no doubt in my mind that Obamacare is wildly inconsistent with the original intent of the Constitution.
But the courts have done such a lousy job of protecting economic liberty ever since the 1930s and 1940s that I’m afraid some appeals court will give Obamacare a free pass.
But, at least for today, let’s celebrate.
Shouldn’t this also apply to Medicare?
Text of the decision:
http://www.scribd.com/doc/47905280/vinsonruling1-31-11
Contains this line (p.42): “It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place.”
Dan, I just want to point out that states can legaly use nullification when they think that federal law is unconstitutional. Idaho is planning to do so:
http://www.foxnews.com/politics/2011/01/20/idaho-nullify-obamas-health-care-law/
Here is also a short video about nullification:
re: ‘sections clause’ in health care bill: missing.
.
Web says health care reform bill did NOT include
usual legal terms that if one section is
voided the rest shall be stil valid. NO SUCH CLAUSE
on purpose>?