I just finished reading the ecision of the court in the case brought by Virginia to declare the Obamacare statute unconstitutional. More precisely, Virginia contends that the requirement for citizens to have health insurance or else pay a fine is beyond the scope of the federal government's powers.
The federal government moved to dismiss the case for failure to state a cause of action and some other less important grounds. United States District Judge Henry Hudson denied the motion. Judge Hudson rules that there is no support in the existing law which allows Congress to pass a law to regulate inaction by a citizen. The choice not to have insurance is a choice not to do anything. The argument that doing nothing is part of interstate commerce is not convincing to the judge at this point. The judge further states that there is no clear law to the contrary either. As a result, he will not dismiss the case and further rulings will await a full hearing of the case.
From reading the decision, my conclusion is that the Judge will ultimately rule in favor of Virginia. The feds do not have anything to add beyond what they have already brought to the judge. There may be some delay, but sometime in the next few months, this judge will likely rule the core provision of obamacare to be unconstitutional. Then it will go to the fourth circuit and from there to the Supreme Court.
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