Federal Judge Rules Individual Mandate Unconstitutional
Well, here we have the first of many court decisions that will be argued about for the next several years. Today a Virginia Court ruled that the individual mandate of the Health Reform Act is unconstitutional. Judge Henry Hudson found that the law exceeded Congress' ability to use the Interstate Commerce Clause.
It is important to note that the judge did not place an injunction on the other parts of the Health Reform Acts's provisions. Clearly this decision will be appealed by the US government. Ultimately this is headed to the US Supreme Court.
Overall, this is not a surprise as this was a challenge in Virginia by Virginians that had passed a state law preventing Virginians from being compelled to buy insurance. This decision does simply set up the next step in a series of challenges that will be decided by 9 judges. Once again the entire fate of a country is placed in the hands of just a few that can hand out or trash individual and state's rights.
Jason W Bohmann
Texas Health Design