Why?

Adventures of a Modern Day, Middle-Aged Hero, on the Glory Road(to family security)

12.13.2010

Just the first battle, not the war

After two previous attempts in Federal Court, the Obamacare Law finally found itself in the right court room, as U.S. District Judge Henry E. Hudson delivered a ruling today announcing that the Affordable Care Act was Unconstitutional under the Commerce Clause of the Constitution. 

Judge in Virginia Strikes Down Federal Health Care Law.

Essentially, the judge is ruling that the Commerce Clause of the Constitution does NOT give the Federal Government the right to tell you to buy anything.  If today it is requiring you to buy Health Care, then tomorrow it could tell you you need a car, or wig collection, or any other kind of thing-a-jig,  So...it breaks the rules. 

I agree.  Small Yay.

Since the applicable portions of the new law does not go into effect until 2014, the judge is allowing the laws other impacts(like higher tax rates on fake tanning) to stay in effect, pending the appeal he knows the Federal Government will file.

I'm not sure which way the Supreme Court will go.  Obviously, if I was on the Supreme Court, I can tell you how I would decide...

but, I'm not.  Sometimes, if I am lucky, at home SWMBO will let me decide what is for dinner. 

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