At least one Federal judge understands Constitutional law. That would be U.S. District Judge Henry E. Hudson of the Eastern Virginia District. In a ruling announced today, Judge Hudson struck down a major provision of the Obama Administration’s health care law (Obamacare) that required individuals to buy health insurance or pay a fine.
This is a great ruling for liberty and solvency in America, but it is only one ruling out of 20 cases challenging the law. According to the Wall Street Journal report, 2 cases have already gone the other way. It will be up to the Supreme Court to be the final arbiter. As presently constituted, the court is controlled by Constitutional “conservatives” (justices who believe the Constitution means what it says versus the minority who believe it is a “living constitution,” i.e., the end justifies the means).
Some excerpts from the ruling:
“At its core, this dispute is not simply about regulating the business of insurance — or crafting a scheme of universal health coverage — it’s about an individual’s right to choose to participate.”
“A thorough survey of pertinent constitutional case law has yielded no reported decisions from any federal appellate courts extending the Commerce Clause or General Welfare Clause to encompass regulation of a person’s decision not to purchase a product, notwithstanding its effect on interstate commerce or role in a global regulatory scheme. The unchecked expansion of congressional power to the limits suggested by the Minimum Essential Coverage Provision would invite unbridled exercise of federal police powers.”
“Importantly, it is not the effect on individuals that is presently at issue — it is the authority of Congress to compel anyone to purchase health insurance. An enactment that exceeds the power of Congress to adopt adversely affects everyone in every application.”
“Salutatory goals and creative drafting have never been sufficient to offset an absence of enumerated powers.”
This is a critical issue in America today. It is inconceivable that our government, which has run us into bankruptcy with unfunded mandates for social welfare, could possibly run a huge health care system in any way other than incompetently. We are already broke if one measures future liabilities of Medicare and Medicaid. Social Security is but a shadow compared the Medicare. This issue alone could be enough to send America to the dustbin of history as inefficiencies and inevitable increased taxation run health care and the vitality of our economy into third rate status.
Now we know why Supreme Court appointments are so important. You’d better hope nothing happens to a justice who is part of the conservative majority.