“Today is a great day for liberty,” Utah Sen. Orrin Hatch proclaimed.
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Most Americans already knew what a federal court confirmed in ruling this past Monday -- that the health-care overhaul violates the Constitution, specifically the law's requirement that most Americans carry insurance or pay a penalty "exceeds the constitutional boundaries of congressional power."
U.S. District Judge Henry E. Hudson's well-reasoned 42-page ruling, the first legal setback to the Obama administration's signature contrivance, is good news for the sanity of our country.
Requiring Americans to buy insurance:
"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......Administration officials portrayed the ruling as an attack on one of the law's most popular provisions, the ban on insurers denying coverage to people with pre-existing health conditions. That piece of the law cannot work unless coupled with a requirement that nearly all Americans carry insurance, they said."
Judge Hudson reasoned that most of the law could be "severed" from the individual requirement to purchase insurance, protecting critical parts of the law—including tax credits to help the least wealthy buy insurance and to help the poor with Medicaid coverage.
The lawsuit, brought by Virginia Attorney General Ken Cuccinelli, is the first time a court ruled against the law since it was signed in March. More than 20 similar federal lawsuits have been filed, and judges in two of those cases ruled in favor of the Obama administration. The two judges who ruled in favor of the Obama administration were appointed by President Bill Clinton.
Cuccinelli expressed his optimism over this last ruling:
"We've won the first round of this particular fight, but we know there are others to come. This lawsuit is not about health care. It's about liberty."
White House Press Secretary Robert Gibbs claims a 'ho hum,' that the George W. Bush appointed judge's ruling was a run-of-the-mill, no big deal:
It does make sense that it's no surprise that a judge would find an unconstitutional mandate to be unconstitutional. What doesn't make sense is that the Obama administration is not concerned about limits of the Constitution. However the case, the Administration has to play the game for show and profess confidence that higher courts would rule in their favor, even though it is not constitutional.
"Challenges like this are nothing new. I don't think the decision today and how he decided it was a surprise to anybody here."
The Obama Administration's defense
The Obama administration argued in court that their authority to regulate interstate commerce and other clauses gave it the power to require Americans to carry insurance. It is a way of regulating how consumers pay for their care.
Judge Hudson answered that "the same reasoning could apply to transportation, housing, or nutritional decisions" and that Congress lacked precedent for "regulation of a person's decision not to purchase a product, notwithstanding its effect on interstate commerce or role in a global regulatory scheme."
The administration said that federal taxation powers give it the right to levy the penalty on those who refuse to buy Obama-approved coverage. Hudson analyzed that the penalty "lacks a bona fide intention to raise revenue" as it is expected to raise $4 billion a year for a law that costs $938 billion over a decade.
In response to the argument that most states already require drivers to carry auto insurance, Hudson found that requiring health insurance is different. While consumers could choose not to own a car, there is no way possible to opt out of carrying health insurance.
What's next
Though the ruling is a victory for non-supporters of the health system overhaul and gives momentum for a further assault against it by Republicans, it doesn't mean the government must stop implementing the law, not yet anyway. States and companies in the health industry indicate they are going to continue compliance with the law, and Monday's decision is unlikely to change that.
The ruling gives a boost in passing a repeal bill in the House next year, which is expected to die in the Senate. However, Republicans will be able to chip away at funding for the law.
Photo: John Boehner promised that repealing the legislation will be a top priority next year.
WASHINGTON - SEPTEMBER 29: U.S. House Minority Whip Rep. Eric Cantor (R-VA) (C) speaks as Minority Leader Rep. John Boehner (R-OH) (R) and Rep. Cathy McMorris Rodgers (R-WA) (L) listen (Alex Wong/Getty Images)
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