Virginia judge declares unconstitutional bill, unconstitutional!

13 Dec

Yes, it is a small step, but a step nonetheless folks~! Here are what my favorite bloggers are saying!

Doug Powers

Nancy Pelosi said “we’ll have to pass it to find out what’s in it.” Many in Congress are just now finding out what’s in the mammoth sham they rammed through (unintended consequences and all), and at least one federal judge with an eye on the US Constitution has read it as well.

Donald Douglas has his take

Bluegrass Pundit notes that Speaker Face Lift was hardest hit by the judge’s ruling.

Fire Andrea Mitchell is gloating! And quotes the judge!

An individual’s personal decision to purchase — or decline purchase — (of) health insurance from a private provider is beyond the historical reach” of the U.S. Constitution,” Hudson wrote. “No specifically constitutional authority exists to mandate the purchase of health insurance.”

Gateway Pundit has the obligatory response from Obama’s Spokestool

Hot Air has a huge round up including this quote from the judge

Hudson hits the nail on the head with this:

Hudson rejected the government’s argument that it has the power under the Constitution to require individuals to buy health insurance, a provision that was set to take effect in 2014.

“Of course, the same reasoning could apply to transportation, housing or nutritional decisions,” Hudson wrote. “This broad definition of the economic activity subject to congressional regulation lacks logical limitation” and is unsupported by previous legal cases around the Commerce Clause of the Constitution.

Hudson — perhaps not inadvertently — just described the progressive agenda in a single sentence, and why the Constitution forbids it.

Hudson also is repeating the exact things I have said about this. if the government can make you buy health insurance……………..

JWF: Oh sure NOW the Left hates activist judges!

Michelle Malkin is ALL OVER THIS!

Hey, remember when conservatives objected to the Obamacare federal individual mandate on constitutional grounds and the liberal establishment laughed.

Flashback October 2009 – Pelosi scoffs at constitutional concerns. Listen:

Flashback October 2009 – Sen. Leahy scoffs at constitutional concerns. Remember:

CNSNews.com: “Where, in your opinion, does the Constitution give specific authority for Congress to give an individual mandate for health insurance?”

Sen. Leahy: “We have plenty of authority. Are you saying there is no authority?”

CNSNews.com: “I’m asking–”

Sen. Leahy: “Why would you say there is no authority? I mean, there’s no question there’s authority. Nobody questions that.”

Who’s laughing now?

Political Junkie Mom notes that the Libs are kinda, well, PISSY!

Jill, gives round one to the good guys!

Via William Jacobson, the judge finds that Congress went too far:

The unchecked expansion of congressional power to the limits suggested by the Minimum Essential Coverage Provision would invite unbridled exercise of federal police powers. 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. Article I, Section 8 of the Constitution confers upon Congress only discrete enumerated governmental powers. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the states respectively, or to the people. See U.S. Const. amend. X; Printz v. United States, 521 U.S. 898, 919, 117 S. Ct. 2365, 2376-77 (1997).  [at p. 37]

On careful review, this Court must conclude that Section 1501 of the Patient Protection and Affordable Care Act-specifically the Minimum Essential Coverage Provision-exceeds the constitutional boundaries of congressional power. [at p. 38]

The judge validated what conservatives have been shouting from the rooftops since this saga began:

Ruby Slippers weighs in

Stacy uses the R-word!

Without the individual 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).

7 Responses to “Virginia judge declares unconstitutional bill, unconstitutional!”

  1. pjMom December 13, 2010 at 11:13 pm #

    great round-up, and thanks for the link! i’m humbled to be included in such company ; )

    • Gatordoug December 14, 2010 at 7:45 am #

      No problem, I always enjoy your blog

      • pjMom December 14, 2010 at 4:13 pm #

        ; ) Thanks. *Beaming.* And ditto yours.

  2. Matt December 14, 2010 at 1:07 am #

    This is a great development.

    • Gatordoug December 14, 2010 at 7:46 am #

      It is a good first step

Trackbacks/Pingbacks

  1. Liberals are, as expected, pissy over Obamacare unconstitutionality « Politicaljunkie Mom - December 13, 2010

    [...] linked at The Daley Gator.  [...]

  2. ObamaCare on the Ropes? Judge Rules Personal Mandate Unconstitutional | Conservative Hideout 2.0 - December 14, 2010

    [...] because this one isn’t over yet.H/T: America’s Watchtower, The Other McCain, and the Daley Gator Do you favor the restoration of our Republic?Do you dislike the nanny state?Do you believe that [...]

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