Federal Judge says Mandatory Insurance Clause Unconstitutional

Judge Henry E. Hudson ruled Monday for the state's claim that the requirement for people to purchase health care exceeds the power of Congress under the Constitution's Commerce Clause or under the General Welfare Clause.

The Obama administration’s requirement that most citizens maintain minimum health coverage as part of a broad overhaul of the industry is unconstitutional, a federal judge ruled, striking down the linchpin of the plan.

U.S. District Judge Henry Hudson in Richmond, Virginia, said today that the requirement in President Barack Obama’s health-care legislation goes beyond Congress’s powers to regulate interstate commerce. While severing the coverage mandate, which was to become effective in 2014, Hudson didn’t address other provisions such as expanding Medicaid.

Hudson, appointed by President George W. Bush, found the minimum essential coverage provision of the act “exceeds the constitutional boundaries of congressional power.”

"Bloomberg"



This is good news for Americans who feel that they are being forced into something that is Unconstitutional. This will be a long drawn out battle that will probably be decided by the Supreme Court. The federal Government better wake up quickly because the American people are truly frustrated with Government interfering with personal choices. I cannot believe they have already forgot what happened in November.

No ONE should be forced into purchasing anything they do not want. This ruling was the first of many milestones in our fight for individual and personal freedoms.

President Obama and the Democrats have awoken the true sleeping giant and that is American people. This battle has just begun!

Government should stay out of Health care. Let the private sector sort out Health care and cut costs. First, you must cut out the fraud and corruption within the Health care system. If we did not do this then we are only adding to the problem, we can cannot continue to transfer our health care issues over to another system. The government in control of Health care is a really frightening thought, because power like that can enslave the people to the government.