Monday, December 13, 2010

Obamacare Unconstitutional

The court has released its decision on the case brought by Virginia Attorney General Ken Cuccinelli.  It didn't go well for the president's signature piece of legislation.  The court took issue with every argument made by the government, and one by one, tore them down.  This case was solely based on the individual mandate.  Virginia has passed a law that no one can be federally mandated to purchase health insurance. 

Much of the court ruling has to do with the word tax.  A term that the Obama administration and all the dems had continued to say didn't exist with the law.  During oral arguments of this case the justice department did admit that it is indeed a tax. 

The judge basically has ruled that congress has overstepped it's constitutional authority.  The judge goes into the cases that were sighted by the government in order to justify the individual mandate.  The judge concluded that in all those cases there was activity.  The mandate in this law has no activity, it therefore goes beyond the scope of constitutional framework that congress can act upon. 

The most interesting part of this verdict is the fact that Virginia had a very tough burden.  Law requires that the judge had to assume that the mandate was constitutional.  Virginia then had to show how it was not.  There of course if a great deal of legalese that I don't fully understand, but the judge has very specific examples of past decisions and how he came to his decision.  Read it here

This is far from over and could potentially take another year before it reaches SCOTUS for a final decision. 

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