A Really 'Big Deal'

IBD Editorials ^ | December 13, 2010 | Staff

[Kaslin]

Health Care: A federal judge ruled Monday that the mandate forcing Americans to buy health care insurance is unconstitutional. Is this the first step in the collapse of ObamaCare?

U.S. District Court Judge Henry E. Hudson, a 2002 George W. Bush appointee, said lawmakers went too far in the Patient Protection and Affordable Care Act when they included a requirement forcing those who are not otherwise covered to buy a health plan or pay a penalty.

He wrote that this individual mandate "exceeds the constitutional boundaries of congressional power."

Never have the courts, Hudson's 42-page opinion said, "extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market."

The judge, ruling on a challenge brought by Virginia Attorney General Ken Cuccinelli, didn't go far enough, though. He left the rest of the law as it is by denying an injunction that would have stopped its implementation.

Hudson could have — and should have — agreed to the injunction because ObamaCare has no severability clause, language often used in lawmaking that says if any part of the legislation is found unconstitutional, the rest remains in effect.

We're not federal judges, but it looks to us that without the protection of a severability clause, the entirety of ObamaCare should now be considered unconstitutional. As Cato's Michael Cannon put it, "The fact that Congress did not provide for a 'severability clause' indicates that lawmakers viewed the law as one measure."

In other words, if one part is unconstitutional, the whole thing is.

[FlingWingFlyer]

Or as VP Rimshot Joe Biden would say, “A Big ****ing Deal!”.

[Tzimisce]

Bad legislation is like Jason from “Friday the 13th”.

Every time you think it’s dead it comes back to haunt us again.....

[paul51]

He left the rest of the law as it is by denying an injunction that would have stopped its implementation.

Without the mandatory buy in it's a no fly anyhow.

[USFRIENDINVICTORIA]

“Hudson could have — and should have — agreed to the injunction because ObamaCare has no severability clause, language often used in lawmaking that says if any part of the legislation is found unconstitutional, the rest remains in effect.”

I guess they didn't have room for such boilerplate, in the 2,000 + page bill. Maybe in the director's cut?

[The Comedian]

How's that enema feel, Sheriff Joe?

Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

[onona]

I am ready to chip in for the body guards for H. Hudson.