Federal District Court Judge Henry Hudson ruled portions of the Obama administration’s health care law are unconstitutional. While Hudson is the first federal judge to rule against the law, two other federal judges – one in Michigan and other in Virginia – have ruled in the law’s favor. As Judge Hudson wrote, “the final word will undoubtedly reside with a higher court,” and given the nature of the case, there’s little question the Supreme Court will inevitably have to make the ultimate decision.
But this isn’t a massive win for Obamacare opponents. Hudson’s opinion is narrowly-tailored and completely avoids the 10th Amendment arguments that are among the cornerstones of the Florida-led challenge to the law. In his press conference, though, Cuccinelli called it a victory for federalism, the rule of law and the limits set on congressional power in the Constitution.
The ruling focuses on Section 1501, the “Minimal Essential Coverage Provision” in the sprawling, 2,700 page law. This section requires individuals to purchase some form of health insurance or face federal penalties. Virginia challenged this requirement based upon the health care freedom law passed in the 2010 General Assembly session that barred anyone – including the federal government – from imposing penalties on Virginia residents who did not purchase health insurance.
In his ruling, Hudson sided with Virginia and Attorney General Ken Cuccinelli by saying that that the health insurance mandate exceeds federal authority. In his press conference, Cuccinelli highlighted this section:
The unchecked expansion of congressional power to the limits suggested by the Minimal Essential Coverage Provision would invite unbridled exercise of federal police power. 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.
Hudson also struck down “directly-dependent provisions which make specific reference to Section 1501.” But that still leaves more than 400 provisions unrelated to Section 1501 in place.
Hudson also declined to issue an injunction, reasoning that “there are no compelling exigencies in this case” because the individual mandate wouldn’t take effect “until 2013 at the earliest.”
Cuccinelli argues that this case isn’t about health care or insurance, but liberty. If so, then liberty won a narrow, interim victory today. Whether it wins in the end will depend upon a Supreme Court that includes among its members former Obama administration Solicitor General Elena Kagan. Let the betting begin now as to whether she will recuse herself in that case.
