Va. federal judge strikes down health care law

Va. federal judge strikes down health care law
Case likely to go to Supreme Court; Justice Department says it will prevail

WASHINGTON — A U.S. judge in Virginia on Monday declared unconstitutional a key part of President Barack Obama's landmark healthcare law in the first major setback on an issue that will likely end up at the Supreme Court.

Read the Va. judge's ruling on the health care law (.pdf)

U.S. District Judge Henry Hudson, appointed to the bench by President George W. Bush in 2002, backed arguments by the state of Virginia that Congress exceeded its authority by requiring that individuals buy health insurance by 2014 or face a fine.

"The Minimum Essential Coverage Provision is neither within the letter nor the spirit of the Constitution," Hudson wrote in a 42-page decision. However, he declined to invalidate the entire healthcare law, a small victory for Obama.

The Obama administration will likely appeal.

http://www.msnbc.msn.com/id/40642879/ns ... _politics/


It will likely end up in the Supreme Court...as everyone expected it would. It will be interesting to see how it comes out, since two other judicial districts have ruled that it IS legal. I personally have a preference, but I won't hazard a guess on what the outcome will be...

WOW! What a concept. Something illegal crammed down our throats and acutually NOT guaranteed in the Constitution is OVERRULED.

It ain't over til it's over... But yep, it's a possibility.

Since this judge was appointed by George Bush, I am sure it will come down to being Bush's fault!

LadyJazzer wrote: It will likely end up in the Supreme Court...as everyone expected it would. It will be interesting to see how it comes out, since two other judicial districts have ruled that it IS legal. I personally have a preference, but I won't hazard a guess on what the outcome will be...

LJ????????????????????? Are you feeling ok? No anger, no rant???

If this is the new you, I like it. :thumbsup: Just a rational statement on the news of the day!!!

I do it a lot... You just don't notice...

(I actually said pretty much the same thing when it was announced that several states would sue...)

I'm certain someone has entered LJ's house, tied her up (or worse) and is using her computer right now. Will one of you call the police or should I?

Maybe she's just in the holiday spirit.

Could the Feds just re-write it like highway funding? Don't follow our rules and have enough people signed up for health insurance, the states won't get federal funds for Medicaid & Medicare. The rest of the provisions would already be moving forward.

So it will likely come down to the opinion of Anthony M. Kennedy barring any unexpected vacancies on the Supreme Court.

What was interesting about this particular decision is that the conservative judge did allow the remainder of the legislation to go into effect.