Dec 16, 2010

Healthcare Setback

I gotten around to mentioning that the first major wound has been administered to the ObamaCare legislation - but it's kind of interesting that someone agreed with me about the Commerce Clause in the Constitution - but also because they used it on the Republican provision.

Federal judge Henry Hudson declared in his 42-page opinion that the law’s requirement for most Americans to obtain health insurance was unconstitutional:

“Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market.”

To simplify this argument - Imagine Congress passed a law that required EVERY American to buy a gun. Soak that in for a moment.

Hudson also wrote that allowing Congress to exercise such authority “would invite unbridled exercise of federal police powers.”

Full repeal by the Republicans would be a long, difficult fight - and no doubt, they're not up for that kind of challenge. This ruling gives them a boost of wind to that sail, should they accept the challenge. The individual mandate was the lynchpin upon which the entire health care law stood. It's what Hillary and John McCain campaigned on - and what the Insurance Companies demanded, and Obama caved into agreeing upon.

A significant portion of the funding was to come through the fines that were to be collected from those who fail to purchase insurance - enforced by the IRS. The rational behind requiring insurance companies to accept those with pre-existing conditions was predicated upon a requirement that all people are required to be insured, otherwise people will simply sign up for insurance once they get sick -- which I happen to believe as well. The old, I'll just call Allstate right after I rear-end the school bus argument.

So if the foundation of this legislation was built on a swamp - how soon 'til this whole thing just rots away or falls in on itself? How much collateral damage will be done first before the dust settles?

Click here to read Virginia Attorney General Ken Cuccinelli's analysis.

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