BREAKING: Federal judge rules Obamacare unconstitutional

San Francisco Examiner:

The full text of the decision from Federal Judge Roger Vinson is not available yet, but according to reporters who’ve seen the decision, he’s ruled the entire Patient Protection and Affordable Care Act unconstitutional. The ruling favors of the 26 state attorney generals challenging the law. The judge ruled the individual mandate that requires all Americans to purchase health insurance invalid and, according to the decision, “because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.”

Read all about it here.

January 31, 2011 | 3 Comments »

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  1. Vinson rejected a second claim by the states that the health care overhaul unlawfully forced them to expand their Medicaid insurance programs for the poor, another key part of the new law.

    And he declined to stop implementation of the law, as the plaintiffs requested.

    This is another way of saying that Vinson has called the law unconstitutional but, as in the early court test in Virginia, he does not provide any teeth to put his ruling into effect. I dare say, the matter will be decided, a long time from now, in the Supreme Court. Don’t hold your breath

    Personally, the only thing I am against with Obamacare is that it puts the Federal government in charge of what ought to be a state or local matter (the Interstate Commerce clause is probably the most abused part of the US Constitution). In Oregon under Democratic Governor Kitzhaber, poor Oregonians, residents of one of the poorest states in the union, received some of the best access to healthcare in the country. Unfortunately, I found myself compelled to vote against Kitzhaber in this election because even though he is a retired doctor, he advocates abortions. That was a disgusting combination that I couldn’t ignore. The alternative to draconian Federal control of healthcare is sensible local control; but at the moment, we seem to be headed for neither.