In Florida, 26 states who filed suit against the Federal government over “ObamaCare”, following Virginia’s lead, had their suit upheld when Judge Roger Vinson said that the “individual mandate” (you, dear citizen, shall carry insurance or pay a fee) is unconstitutional with respect to the “Commerce Clause.”
Once again, in the enumerated powers of the United States Congress (Article I, Section 8), the so-called “Commerce Clause” is Congressional authority:
“To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”
Hmm. Don’t see individual mandate in that bad boy. Nonetheless, that has been the claim of our federal government.
In December, Judge Henry Hudson in Virginia’s eastern district federal court, ruled the “individual mandate” also unconstitutional.
We’re hoping to get a statement from the Office of Virginia’s Attorney General (aka Ken Cuccinelli) shortly, but, understandably, they are reading and digesting the legal opinion.
The judge was a Reagan appointee…does this mean that Reagan just squashed Obamacare?
Update from Virginia’s Attorney General:
“I am heartened by the fact that another federal judge has found that the individual mandate forcing citizens to buy private health insurance is unconstitutional. The judge also found that the individual mandate could not be severed from the remainder of the law, so he declared the entire act invalid.
“Constitutional principles have scored another victory today. Liberty has scored another victory today.
“I congratulate Florida Attorney General Bondi, former Attorney General McCollum, and the attorneys general and governors who joined the Florida suit, on their victory.”
