Henry Hudson

Barack Obama: The doctor is... out?

Virginia 1, Obamacare 0. Ian Gershengorn must be pacing up a storm.

Judge Henry E. Hudson (E.D. Va.) just struck down a key provision of President Barack Obama’s signature health care reform law — namely, the requirement that most Americans obtain health insurance. Judge Hudson held that the insurance mandate exceeds Congress’s authority under the Commerce Clause. Links to coverage are collected below; Judge Hudson’s 42-page opinion is available here (PDF, via Dahlia Lithwick).

Congratulations to Virginia and to its crusading attorney general, Ken Cuccinelli (whom I had the pleasure of meeting at Federalist Society festivities a few weeks ago).

Of course, we’re still near the beginning of a long road of litigation — which will likely end at One First Street, two (or more) years from now.

Health Care Law Ruled Unconstitutional [New York Times]
Judge Strikes Down Part of Health Care Law [ABA Journal]
Virginia Federal Judge Shoots Down Part of Health Care Law [WSJ Law Blog]

Virginia Attorney General Ken Cuccinelli can take his legal attack on the health reform legislation one step further. Today Judge Henry Hudson (E.D. Va.) denied a Health and Human Services motion to dismiss — which means we’re headed for discovery. The WSJ Law Blog reports:

The ruling represents a setback that will force the Obama administration to mount a lengthy legal defense of the law. The suit, filed by Virginia Attorney General Ken Cuccinelli, alleges that the law’s requirement that its residents have health insurance violates the Commerce Clause of the Constitution…

In his opinion, Judge Hudson ruled: “The guiding precedent [on the Commerce Clause] is informative but inconclusive.”

At times like these, it’s important to remember that the Democrats have 255 votes in the House and 59 votes in the Senate, but only four votes on the Supreme Court…

double red triangle arrows Continue reading “Virginia Lawsuit Against Health Care Reform Allowed to Continue”