December 13 2010

ObamaCare Meets Checks and Balances

Hadley Heath

In October, I wrote, "Dear Santa, All I Want for Christmas is... My Personal Freedom."

This was in reference to an awaited ruling from Judge Henry Hudson in Virginia's challenge to the health reform law.  Hudson's ruling was not due until January 1, but he entered it today in favor of the plaintiff state of Virginia.  This is great news for those of us who love freedom.

Today's ruling comes just days before another big event in the courts: The state of Florida, along with 19 other states, the National Federation of Independent Business, and two individuals will hold their summary judgment hearing on Thursday at 9 am in Pensacola before Judge Roger Vinson.

Hudson is the first federal judge to rule that the individual mandate provision of ObamaCare is unconstitutional.  This ruling sends a powerful message: The U.S. Constitution, not Congress, draws the line on the powers of the federal government.  Let's hope that Judge Vinson's ruling in the Florida case will reflect this truth as well.

Read commentary from constitutional law scholars (and find a PDF of today's ruling) on IWF's Health Care Lawsuits Web site.

It looks like Judge Hudson wants me to have my Christmas wish.  But his word is not final.  This fight will take years, and will continue all the way to the Supreme Court.

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