Monday, January 31, 2011


In what may be a fatal blow to Obama Care, a federal judge has ruled that the health care reform act is "unconstitutional' and "unseverable".  The latter means that the law must be rejected in whole, and not in parts.  The ruling was part of a twenty state lawsuit to repeal the severely flawed health care reform bill.

Federal Judge Roger Vinson in a 78-page ruling gave what amounts to a complete rejection of the bill based on the Commerce Clause:

The existing problems in our national health care system are recognized by everyone in this case. There is widespread sentiment for positive improvements that will reduce costs, improve the quality of care, and expand availability in a way that the nation can afford. This is obviously a very difficult task. Regardless of how laudable its attempts may have been to accomplish these goals in passing the Act, Congress must operate within the bounds established by the Constitution. Again, this case is not about whether the Act is wise or unwise legislation. It is about the Constitutional role of the federal government.

For the reasons stated, I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one sixth
of the national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute has been about how Congress chose to exercise that power here.

Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.
The consortium of twenty-six states have secured a crucial victory in their favor.  For them, it is refreshing that the Constitution is still valid, and that the 10th Amendment still prevails.  The consortium includes: Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin, and Wyoming.  What is more troubling is why the remaining 24 states are not on-board, Delaware included.

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