Judge Rules Individula Mandate Unconstitutional

Published 12/13/10

Judge Henry Hudson today became the first federal judge to rule that the individual mandate provision of ObamaCare is unconstitutional.  Both parties in Virginia v. Sebelius had filed for summary judgment, and a hearing was held on October 18.  Judge Hudson’s deadline was January 1, but he entered his ruling in favor of the plaintiff today, just days before the multi-state case in Florida will hold its own summary judgment hearing.

Check out www.healthcarelawsuits.org/blog/ for commentary from legal experts on today’s ruling.

This ruling sends a powerful message: The U.S. Constitution, not Congress, draws the line on the powers of the federal government.  Let’s hope that Judge Vinson’s ruling in the Florida case will reflect this truth as well.

But as federal judges, neither Hudson nor Vinson will have the final word.  The constitutionality of the health reform law will ultimately be decided by the Supreme Court.  Today’s victory for freedom is just one stop along the road to the highest court in the U.S., but a milestone worthy of celebration.


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