Posts Tagged ‘U.S. District Judge Henry Hudson’

Virginia Judge Rules Against a Key Proviso of Healthcare Reform Law

Monday, December 20th, 2010

A conservative federal judge in Virginia has ruled that a key provision of the Patient Protection and Affordable Care Act is unconstitutional. Specifically, U.S. District Judge Henry Hudson overturned the section of the healthcare reform law that requires all Americans to purchase healthcare insurance starting in 2014.  The Obama administration will appeal the decision, which is likely to end up before the United States Supreme Court.  Previous lawsuits in Michigan and Florida have been dismissed and additional cases are pending, including one filed by 20 other states.  Hudson agreed with Virginia Attorney General Kenneth Cuccinelli in saying the mandate overstepped the Constitution.

Hudson, who was appointed to the federal bench by George W. Bush, explained his decision this way.  “Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market,” he wrote.   “In doing so, enactment of the (individual mandate) exceeds the Commerce Clause powers vested in Congress under Article I (of the Constitution).  The outcome of this case has significant public policy implications.  And the final word will undoubtedly reside with a higher court.  At its core, this dispute is not simply about regulating the business of insurance — or crafting a scheme of universal health insurance coverage — it’s about an individual’s right to choose to participate.”

We are confident that this law is constitutional, and we are confident that the Supreme Court when, and if, it hears this case will agree that it’s constitutional,” an Obama administration official said.   White House healthcare reform director Nancy-Ann DeParle said the administration is encouraged by the two other judges who have upheld the law.  She noted that the Justice Department is presently reviewing Hudson’s ruling.