Watch out, Elena Kagan.
Yesterday, U.S. District Court Judge Henry E. Hudson ruled that the Commonwealth of Virginia indeed has the standing to sue over ObamaCare’s individual mandate to purchase health insurance, which will go into effect in 2014. In addition, the Court ruled that the issues Virginia raised are certainly ripe for adjudication, despite the claims of the Obama Administration.
While this ruling is only preliminary, and does not answer questions of the constitutionality of the individual mandate, it does appear to bode well for opponents of the provision. Particularly, Judge Hudson noted that the power Congress has claimed — to force an individual to purchase anything — is unprecedented. According to the decision, “Neither the U.S. Supreme Court nor any circuit court of appeals has squarely addressed this issue. No reported case from any 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.”
Get full story here.
No comments:
Post a Comment