Part of health care law ruled unconstitutional

Local, National, Politics, Virginia 1 Minute

Judge Henry Hudson ruled today that the portion of the health care reform bill that requires individuals to purchase insurance is unconstitutional. In a 42-page opinion (below the fold) the judge ordered that part severed from the bill.  With the contrary rulings by judges in Lynchburg and in Michigan, the final determination will ultimately be made by the U.S. Supreme Court.

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16 thoughts on “Part of health care law ruled unconstitutional”

  2. So, I can’t grow marijuana in my own home for my own use because that affects interstate commerce. But I can refuse to participate in a pool of insured making the risk less defuse, and that doesn’t affect interstate commerce.

  3. A sound ruling. As the judge says, ruling the other way would say that Congress could force people to buy cars, because if everyone decided not to buy a car, it would severely impact interstate commerce.

    The argument that everyone will use the health care system, and hospitals are forced to treat people, is equally silly. By imposing that unconstitutional requirement on doctors and hospitals, the government claims another unconstitutional power because of that requirement.

    1. The law didn’t force you to buy health insurance. You were taxed if you did not have insurance. This is similar to auto liability insurance in Virginia. Instead of carrying it, you may pay the State of Virginia $500. This doesn’t give you any coverage or force you to buy any.

      1. First, States have powers the national government does not. Second, one can simply not buy a car and avoid the penalty. Third, if the national government can force you to buy insurance, what could it NOT force you to buy? Everyone needs transportation at some point, and since the alternative is public transportation, one should be required to buy a car. Since anyone could be the victim of a crime, and widespread gun possession by law-abiding citizens reduces crime, everyone should be required to buy and carry a firearm.

        1. I don’t know. If this section was forcing me to do anything, it was pretty weak. I would have to pay the penalty on my tax return. But the IRS has no power to enforce it against me nor does the Secretary of HHS. That’s in the law. I can’t be criminally prosecuted. And they can’t file any liens or levies. So, HHS will do a giant reconciliation of Taxpayer Identification Numbers against info they get from insurers, and then send me a note that I need to pay a penalty. But if I don’t pay it, so what?

          1. The “so what” part is that they will have established the power to require you to purchase something you do not wish to purchase. When they find the penalty ineffective, they will increase it.

          2. Still so what? If the government can proscribe me from growing wheat on my own property to feed myself, then this seems to be an immaterial increment.

  4. I agree that this is a good decision. The government is stepping into dangerous territory by forcing people to purchase a good or service from private corporations.

  5. On the bright side, if the decision stands the test of time, the rest of the law which costs private insurers money will stay on the books, and it will eventually destroy the healthcare industry. At which point we might get a crack at designing a healthcare system that doesn’t turn people away and still manages to provide care to most or all of the populace at a reasonable price with very little overhead cost.

  6. In addition to what was already said, that “tax” is a penalty anyway and not a tax. In a world with Charlie Rangel, Haliburton, special interest groups practically bribing everyone in government, do you REALLY want the federal government to be able to force you to buy something and tell you from whom to buy it? Scary.
    Not that it matters, but driving is a priviledge. Not buying health insurance if you don’t want to is your right. Wheb you are on the road, you potentially put people in physical jeopardy. If you don’t have insurance you still get care. You will just be in debt and possibly forced into bankruptcy. Unless you’re illegally here in the US. In that case health care is just about free.

    I agree that we need to fix things, but this bill isn’t it. Cuccinelli’s case is solid and better put together. He’s right on this.

  7. “If the government can proscribe me from growing wheat on my own property to feed myself, then this seems to be an immaterial increment.”

    Death By A Thousand Cuts

    And so our Constitution has been killed.

    So, can the national government REQUIRE you to grow wheat on your land, too? Can you conceive of ANYTHING the national government CANNOT require you to do? Let’s see, our national Ponzi Scheme for retirement requires new workers, so the national government can require you to have children. So, it can now outlaw birth control, abortions, and sodomy?

    Is there any limit to the power of the national government?

    1. @ Warren, No there is no limit. There is limit in theory, but at the end of the day those will win that can destroy you through confiscation of your wealth, imprisonment for victimless crimes, and ultimately the point of a gun.

    2. You’re wild with these hypotheticals. =)

      You’re awfully worked up about a penalty with no teeth. It is a far cry from the state using its police power to coerce me to do something. You can keep up with the slippery slope, but I am not persuaded that this is some terrible infringement upon my liberties that will lead to ever more encroachment until I am left with nothing.

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