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Judge rules Obamacare unconstitutional December 13, 2010

Posted by Tantumblogo in awesomeness, General Catholic, Society.

Sister Carol Keehan just turned beet red and cussed a blue streak.  A federal judge in Virginia has ruled the “individual mandate,” the part of Obamacare that forces private citizens to have health insurance, unconstitutional:

A federal judge in Virginia ruled Monday that a key provision of the nation’s sweeping health-care overhaul is unconstitutional, the most significant legal setback so far for President Obama’s signature domestic initiative.U.S. District Court Judge Henry E. Hudson found that Congress could not order individuals to buy health insurance.

In a 42-page opinion, Hudson said the provision of the law that requires most individuals to get insurance or pay a fine by 2014 is an unprecedented expansion of federal power that cannot be supported by Congress’s power to regulate interstate trade.

“Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market,” he wrote. “In doing so, enactment of the [individual mandate] exceeds the Commerce Clause powers vested in Congress under Article I [of the Constitution.]

The problem with that last bit is that, by 2014, the bureaucratic structures which are impossible to remove, will be so entrenched that we will be stuck with Obamacare, regardless.  This is one of the many parts of Obamacare at odds with Catholic Doctrine, as the individual mandate is a massive governmental over-reach that violates subsidiarity and removes a very large swath of individual liberty.  It’s funny how, when it comes to anything other than their groins, so many people are ready to surrender “the primacy of their individual conscience.”  It’s like saying “I want to government to tell me what to eat, what to drive, what temperature to set my thermostat at, how big a house I can have, how much detergent I should use, etc., ad infinitum, but hands off my crotch!”  

That little inanity aside, it is very important that this lawsuit go to the Supreme Court as soon as possible, to stop those immovable bureacratic structures from forming.

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