The Other McCain

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Federal District Judge in Virginia Strikes Down Part of ObamaCare

Posted on | December 13, 2010 | 5 Comments

Perhaps the first step toward repeal:

A federal judge in Virginia ruled Monday that a key provision of the nation’s sweeping health-care overhaul is unconstitutional, the most significant legal setback so far for President Obama’s signature domestic initiative.
U.S. District Court Judge Henry E. Hudson found that Congress could not order individuals to buy health insurance.
In a 42-page opinion, Hudson said the provision of the law that requires most individuals to get insurance or pay a fine by 2014 is an unprecedented expansion of federal power that cannot be supported by Congress’s power to regulate interstate trade.

Without the indvidual mandate, the projected “savings” calculations don’t work, and so you might as well repeal the whole damn thing. Big first-round win for Virginia attorney general Ken Cuccinelli (who is my favorite GOP candidate to challenge Jim Webb in 2012, FWIW).

The Virginia decision will be appealed all the way to the Supreme Court, of course. More at Ace of Spades HQ, Michelle Malkin, Hot Air, Instapundit and Memeorandum.

Category: Health Care, Virginia

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