Judge Saves Virginia From Unconstitutional Obamacare
One of those state attorney-general challenges to this year's health care reform legislation has actually worked, as a federal judge in Virginiahas ruled parts of it unconstitutional. According to Judge Henry E. Hudson, Congress cannot force people to buy health care coverage, especially when you consider how many Chicken McNuggets can be bought for the same price as a month's worth of health insurance. Hudson found that requiring people to get coverage was an unlawful expansion of the Commerce Clause of the Constitution. And also it presumably violates the Don't Try To Keep People From Dying Clause of the Constitution. Virginia is for lovers of denying people health care.
Hudson is the first judge to rule that the individual mandate is unconstitutional. He said, however, that portions of the law that do not rest on the requirement that individuals obtain insurance are legal and can proceed. Hudson indicated there was no need for him to enjoin the law and halt its implementation, since the mandate does not go into effect until 2014.
This man does not seem to realize that, because of all the Creeping Socialism in the legislation, there will never be a 2014. [WP]