Federal Court Correctly Deems Individual Mandate In Obamacare Unconstitutional

Posted on December 13, 2010 by Brooks Bayne in Articles

This is the first step in the correct direction in the many state constitutional challenges to Obamacare working their way through the court system. Today, in the suit against Obamacare brought by Virginia, Federal District Court Judge, Henry E. Hudson, has correctly ruled that the individual mandate in Obamacare is unconstitutional. This is a huge setback for neo-Marxists and socialists, because the forced participation in Obamacare is the source of the anti-American legislation’s funds. This is a huge win for American liberty.

The most pertinent part of the decision:

While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate -and tax- a citizen’s decision not to participate in interstate commerce. Neither the U.S. Supreme court not any circuit court of appeals has squarely addressed this issue. No reported case from any federal appellate court has extended the Commerce Clause or Tax Clause to include the regulation of a person’s decision not to purchase a product, notwithstanding its effect on interstate commerce.

The rest of the Court’s decision is embedded below.

Virginia Obamacare Memorandum Opinion

Tags: henry e. hudson, obamacare, socialism