BREAKING: Virginia Judge Rules Obama’s Healthcare Mandates Unconstitutional

Monday, December 14, 2010

Another setback for President Pootie Tang.

A Federal district judge in Virginia ruled on Monday that a keystone provision in the national healthcare law is unconstitutional. The court is the first in the country to invalidate any part of the sprawling act.

Judge Henry E. Hudson issued a 42-page decision that the law’s core requirement Americans must obtain health insurance or risk a Federal fine exceeds the regulatory authority granted to United State Congress under the Commerce Clause of the Constitution.

The insurance mandate is core to the law’s mission of covering more than 30 million uninsured because insurers argue that only by forcing healthy people to have policies can they afford to treat those with expensive chronic conditions.

Creation of a national healthcare system could’ve been achieved by simply expanding the Medicare for all Americans. But alas, President Pootie Tang turned the process over to the CEOs of the insurance industry in backroom deals at the White House.

This entry was posted in National Healthcare, News, President Pootie Tang, Worst President Ever and tagged , , , . Bookmark the permalink.

14 Responses to BREAKING: Virginia Judge Rules Obama’s Healthcare Mandates Unconstitutional

  1. DMason says:

    Expanding Medicare for all is one approach. Single payer is another way to cover everyone. I never felt comfortable with fining people who don’t buy insurance. I understand the argument that says this is the only way to get all Americans covered but, this is a tremendous expansion of Federal powers and the counter argument can be made that it turns the Feds into a type of financial police force.

  2. Rachel says:

    Not having Single-Payer as the centerpiece of healthcare reform was a huge mistake in judgment and now Obama is paying the price. Obama clearly isn’t ready for primetime and this ruling proves it.

  3. TOM339 says:

    Forcing Americans to purchase health care is controversial on the merits.

    Is it a tax? Obama said no. But under the rules of Commerce, it has limits and this goes straight to the Constitution. Obama is, allegedly, a Harvard educated law professor. He didn’t see this one coming back in 2009?

    I am 100% sure this ruling will be appealed and if Obama doesn’t prevail, he will run to the SCOTUS. 2011 promises to be very interesting.

  4. Mets Fan says:

    Maybe this will teach Obama a lesson: Don’t ever trust the suits who run the medical insurance industry in America to write your healthcare legislation.

    Just think. Obama squandered all of 2009 on this bill only to have a judge on the federal bench turn it back as unconstitutional? Obama should have focused on jobs, and more importantly, creating new jobs for the 22 million unemployed workers.

  5. Jolly Roger says:

    I really doubt this will stand, ultimately. If you want to drive a car, they can make you purchase car insurance, and I have a feeling that there is a parallel here. “If you want to use a doctor…”

  6. Chad Lebanon says:

    I’ve heard the car insurance analysis but I wonder?

    You can decide not to drive, take a bus instead, light rail, or a subway, or even drive uninsured and risk the consequences. But under the healthcare law, the government will force you to buy health insurance. The government can deduct the premium from your Federal income taxes and send you a check for the balance.

    There is no precedent for this. It seems expanding Medicare for all was the best way to provide healthcare for everyone in America. Means test it so if you make more than $96,000 a year, you pay a premium. I wonder if Obama will send the legislation back to revision and a new vote?

  7. stradella says:

    President Pootie Tang.

    ROFLMAO! Child, now that is too damn true and funny!

  8. Adirondacky says:

    I understand why the Obama team want to put on a brave face and say they’re “confident they will prevail in the Supreme Court,” but what if they don’t prevail and the High Court upholds the Virginia district judge? This would imperil the entire health care legislation and basically render the president’s entire first year in office a waste of time.

  9. Randy Arroyo says:

    Back to the drawing board, Barry. Just give the American people single payer and we might be tempted to call you a success.

  10. Chris Taus says:

    I think the judge was right–this was heard on motions for summary judgement and the other 400 provisions were not involved. The doctrine of severability does not allow the dumping of an entire law in the absence of a severability provision, just all those provisions intertwined with the provision which is struck down. And that is exactly what Judge Hudson has done.

  11. Jolly Roger says:

    You can decide not to drive, take a bus instead, light rail, or a subway, or even drive uninsured and risk the consequences.

    The “risk the consequences” is where the commerce clause will apply. Even if you’re dying, there is nothing that says you HAVE to go to the ER.

    Whether or not we like it, this one will stand up.

  12. feminazi says:

    I always liked the idea of expanding Medicare to cover everyone. What got lost in the healthcare debate is the fact that .94 cents of every dollar goes to patient care in the Medicare model. A few changes to system like increasing the 80% coverage ceiling to 100% and you’ve got a model of efficiency. The insurance lobby and many Republicans hate it but consider the source. As I understand what Obama did, the insurance industry will still make money off national healthcare.

  13. Stephan Iversonn says:

    If the case goes to the Supreme Court, I would bet the conservative majority will side with the Virginia district judge and against President Obama.

    Their decision will be two-fold.

    If there’s a hint that forcing Americans to buy healthcare violates the Commerce Clause, Justices Roberts, Scalia, Thomas, and Alito will have none of it. They will let the US Constitution guide their interpretation of the requirement.

    Then there’s the politics of the issue. None of these justices are fans of President Obama and I personally think, they’re not above putting the screws to him any opportunity they might get.

  14. Jim says:

    Ah yes. The secret backroom deal with the insurance industry. Why doesn’t Obama just do the right thing? He really should at least keep his campaign promises.

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