On Thursday, October 21st, 2010, a reporter with CNS asked Nancy Pelosi about the Constitutionality of Obamacare’s individual mandate requiring all Americans to buy health insurance or face a modest fine. Here’s the audio of her reply:
Even if San Fran Nan thought that the question of the individual mandate’s constitutionality was a joke, U.S. District Judge Henry Hudson in Richmond, Virginia, sure didn’t.
Judge Hudson ruled yesterday that the mandate requiring all Americans to purchase health insurance in President Barack Hussein Obama’s sweeping socialization of the American Healthcare System goes beyond Congress’s powers to regulate interstate commerce. Hudson took out the mandate from the rest of the legislation, which is set to become effective in 2014.
In his ruling, Hudson said:
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.
The ruling is the first loss for the Obama adminstration in a series of challenges to the law scheduled for federal courts in Virginia, Michigan and Florida, where 20states have joined an effort to have the statute thrown out.
According to Constitutional scholars, unless Congress changes the law, its fate will be decided by the U.S. Supreme Court.
The suit against the Obama Administration was brought by Virginia Attorney General Ken Cuccinelli. His office has already talked to Justice Department attorneys about bypassing the appeals court and going straight to the SCOTUS. The Justice Department had no comment.
This is only round one. This lawsuit is not about health-care, it’s about liberty.
Incoming House Majority Leader Eric Cantor (R-VA) agrees with Cucinelli:
Today’s ruling is a clear affirmation that President Obama’s health care law is unconstitutional. The efforts of Governor McDonnell and Attorney General Cuccinelli have raised legitimate concerns and ensured that the people of the Commonwealth will have their rights protected against this unconstitutional law. Ultimately, we must ensure that no American will be forced by the federal government to purchase health insurance they may not need, want, or be able to afford.
To ensure an expedited process moving forward, I call on President Obama and Attorney General Holder to join Attorney General Cuccinelli in requesting that this case be sent directly to the U.S. Supreme Court. In this challenging environment, we must not burden our states, employers, and families with the costs and uncertainty created by this unconstitutional law, and we must take all steps to resolve this issue immediately.
Cantor has also promised that the new House will pass “a clean repeal of ObamaCare” once the Republicans take over in January.
In a 42-page opinion, Hudson wrote that the
…unchecked expansion of congressional power represented by the insurance requirement would invite unbridled exercise of federal police powers. No Supreme Court decision has authorized Congress to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market.
White House Press Secretary Baghdad Bob Gibbs said at the daily press briefing that the administration still believes the legislation is constitutional.
One hundred and fifteen miles away, a different judge in a different district rendered a different decision.
Gibbs was citing a Nov. 30 ruling by Clinton-appointed U.S. District Judge Norman Moon, in Lynchburg, Virginia. He sided with the Obama administration in a lawsuit brought by Liberty University and five individuals. U.S. District Judge George Caram Steeh in Michigan, another Clinton appointee, also sided with the government.
According to Gibbs:
Our belief is that when all the legal wrangling is done, this is something that will be upheld.
…Regardless of how the majority of Americans feel about this horrible legislation.
According to an ABC News/Washington Post poll released yesterday, the majority of Americans want nothing to do with Obamacare.
52 percent of those surveyed oppose Obamacare, 43 percent are for it. 86 percent of Republicans are against the legislation; 67 percent of Democrats support it. Independents divide down the middle, with 47 percent in favor and the same number opposed.
59 percent of those opposed to Obamacare want the law repealed. Only 38 percent want to “wait and see”. Additionally, those who want this Obamanation tossed out are split about evenly between putting the whole thing in the circular file (29 percent) and just tossing out parts of the law (30 percent).
We all remember when the soon-to-be former Speaker of the House laid this little gem on us:
Evidently, Judge Hudson and the American people have found out what’s in Obamacare…an attack on our Constitutional freedom. If you have any doubts, please reference November 2nd, 2010 for a clarification of America’s feelings on this issue.