BREAKING: Federal Judge rules ObamaCare unconstitutional


via Hotair:

CNN has a breaking alert on a ruling by a federal judge in Virginia that rejects ObamaCare as unconstitutional:

A federal judge in Virginia has ruled parts of the sweeping health care reform effort led by President Obama to be unconstitutional. This is the first federal court to strike down the law, contradicting other recent rulings the law was permissible. The key issue of contention was the “individual mandate” requirement that most Americans purchase health insurance by 2014.

This case (Virginia v Sebelius) was the lawsuit brought by the states against ObamaCare. This is the test case that had the best chance of overturning the law, and the states have apparently won an important finding in the district court.

According to Dan Foster at NRO, the judge ruled that Congress “exceeded its authority” by imposing an individual mandate to purchase insurance.

Update: Actually, this suit was brought by Virginia alone. The other case brought by 20 other states in one suit is still pending.

UPDATE: Here’s the text of the decision. Note the footnote on page 36.

UPDATE: More from Hot Air:

Fox News is now reporting that Judge Hudson won’t issue an injunction against the entire ObamaCare law, which means that he’s seeing a de facto severability in it. Without the mandate, though, the system won’t work at all, which gives Congress a big opening to dismantle the rest.

UPDATE: Mark Levin has posted this on his facebook re today’s decision!

Today Federal District Judge Henry Hudson ruled against the Obama Administration on three essential points involving Obamacare:

1. Individuals who do not actively participate in commerce — that is, who do not voluntarily purchase health insurance — cannot be said to be participating in commerce under the United States Constitution’s Commerce Clause, and there is no Supreme Court precedent providing otherwise;

2. The Necessary and Proper Clause of the Constitution cannot be used as a backdoor means to enforce a statute that is not otherwise constitutional under Congress’s enumerated powers;

3. There is a difference between a tax and a penalty, there is much Supreme Court precedent in this regard, and the penalty provision in Obamacare is not a tax but a penalty and, therefore, is unconstitutional for it is applied to individuals who choose not to purchase health care.

Judge Hudson’s ruling against the Obama Administration and for the Commonwealth of Virginia gives hope that the rule of law and the Constitution itself still having meaning. Landmark Legal Foundation has filed several amicus briefs in this case, at the request of the Commonwealth, and will continue to provide support in the likely event the Commonwealth is required to defend this decision in the Fourth Circuit and U.S. Supreme Court. Landmark would also like to congratulate Virginia Attorney General Ken Cuccinelli and the excellent lawyers in his office for their superb legal skills.

Landmark President Mark R. Levin declared: “It is a great day for the rule of law and the citizenry. Judge Hudson’s ruling is ironclad, and General Cuccinelli deserves an enormous amount of credit for taking on this mater. We look forward to continuing to work with him.”

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