*snip*
UPDATE II: As Cuccinelli’s statement indicates, this victory is merely round one of what is sure to be a lengthy legal battle. Due to Democrats’ accidental failure to include a legal severability clause in their hastily-passed monstrosity of a bill, the demise of the individual mandate could doom the overall law as it exists. Mary Katharine Ham reminds us that even the White House has conceded this point on severability. Judge Hudson did, however, sever the mandate and its “directly-dependent provisions” from the rest of the law in his ruling. Hudson acknowledges: “The final word will undoubtedly reside with a higher court.” Virginia is denied injunctive relief against the law because the individual mandate has not yet taken effect (this is scheduled for 2014).
UPDATE III: The full decision can be accessed in PDF format HERE.
UPDATE IV: Conservatives, unsurprisingly, are clamoring to applaud the decision. As an example, here’s a fresh statement from one of the most principled and thoughtful conservatives in the House, Rep. Scott Garrett (R-NJ):
“The ruling today in Virginia confirmed what I’ve been saying since the beginning – the federal health care law isn’t just bad public policy, it’s unconstitutional. The individual mandate represents an unprecedented power-grab by the federal government that undermines the vision our founding fathers had for this country. While I believe the Supreme Court will ultimately find the health care law unconstitutional, I’m prepared to move aggressively in the 112th Congress to ensure passage of legislation to repeal the individual mandate and end this debate once and for all.”
UPDATE V: More Hudson: “The Minimum Essential Coverage provision is neither within the letter nor the spirit of the Constitution.” In rejecting the Obama administration’s taxing power justification, Hudson writes:
This Court is unpersuaded that section 1501(b)(1) is a bona fide revenue raising measure enacted under the taxing power of Congress...No plausible argument can be made that it has ‘the purpose of supporting the government.’”
UPDATE VI: Cuccinelli will hold a press conference to discuss the court’s decision at 2pm ET.
UPDATE VII: Summaries of Judge Hudson’s ruling are pouring in. Here’s the aforementioned Philip Klein’s rundown. Constitutional attorney and talk show host Mark Levin also weighs in:
Today Federal District Judge Henry Hudson ruled against the Obama Administration on three essential points involving Obamacare:
1. Individuals who do not actively participate in commerce — that is, who do not voluntarily purchase health insurance — cannot be said to be participating in commerce under the United States Constitution’s Commerce Clause, and there is no Supreme Court precedent providing otherwise;
2. The Necessary and Proper Clause of the Constitution cannot be used as a backdoor means to enforce a statute that is not otherwise constitutional under Congress’s enumerated powers;
3. There is a difference between a tax and a penalty, there is much Supreme Court precedent in this regard, and the penalty provision in Obamacare is not a tax but a penalty and, therefore, is unconstitutional for it is applied to individuals who choose not to purchase health care.
Levin: “It is a great day for the rule of law and the citizenry. Judge Hudson’s ruling is ironclad, and General Cuccinelli deserves an enormous amount of credit for taking on this mater. We look forward to continuing to work with him.”
UPDATE VIII (1:30pm ET): Watch live coverage of White House spokesman Robert Gibbs’ reaction to today’s ruling HERE. In a new statement, Republican House Whip Eric Cantor calls on President Obama and AG Eric Holder to request this decision be expeditiously referred directly to the US Supreme Court, and promises a “clean repeal” of Obamacare when Republicans assume control of the House in January.
UPDATE: IX: What timing! ABC News publishes fresh polling data showing public support for Obamacare at an all-time low (43 percent favor/52 percent oppose). Rasmussen’s new numbers are even more gruesome for Democrats, with support for full or partial repeal of Obamacare spiking to 60 percent — the highest level since September.
FYI- Neil will have Cuccinelli on at 6 eastern on FBN (if you don’t get it, DEMAND IT!!!)
This is SUCH a great victory in the war.