Judge declares healthcare law unconstitutional

A federal judge in Virginia on Monday rejected parts of the healthcare reform bill passed earlier this year, saying a section that requires individual mandates is unconstitutional.

Dictrict Judge Henry Hudson, a Bush appointee, ruled that the Commerce Clause of the Constitution, which the Obama administration argued gave Congress the power to regulate health insurance under “interstate commerce,” does not give Congress the power to require Americans to purchase insurance.

In his decision, Hudson said the administration’s interpretation, “literally forges new ground and extends the Commerce Clause’s powers beyond its current high water mark.”

The case is separate from South Carolina’s own lawsuit, which is joined with 20 other states, and will be heard Thursday in a federal court in Florida. State Attorney General Henry McMaster says the arguments are the same in both cases: he believes Congress does not have the power to require Americans to buy anything.

The judge decided the individual mandate our way, saying that it is unconstitutional. So, we expect our judge in Florida to do the same thing.

The Obama Administration plans to appeal Monday’s ruling. McMaster says the case will probably end up in the Supreme Court. He believes that Court will reach a similar conclusion.

I expect that there’ll be a split decision, but I expect that they too will say that this is an unconstitutional act. The US Constitution says that the federal government can do only certain things.

The ruling will not any immediate effect on the law, as the health insurance mandate is not required until 2014.