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December 13, 2010 in Nation/World
Big legal setback for Obama’s health care overhaul
WASHINGTON — President Barack Obama’s historic health care overhaul hit its first major legal roadblock today, thrown into doubt by a federal judge’s declaration that the heart of the sweeping legislation is unconstitutional. The decision handed Republican foes ammunition for their repeal effort next year as the law heads for almost certain eventual judgment by the U.S. Supreme Court.
The ruling by U.S. District Judge Henry E. Hudson, a Republican appointee in Richmond, Va., marked the first successful court challenge to any portion of the new law, following two earlier rulings in its favor by Democratic-appointed judges.
The law’s central requirement for nearly all Americans to carry insurance is unconstitutional, well beyond Congress’ power to mandate, Hudson ruled, agreeing with the argument of Virginia’s Republican attorney general — and many of the GOP lawmakers who will take control of the U.S. House in January. Hudson denied Virginia’s request to strike down the law in its entirety or block it from being implemented while his ruling is appealed by the Obama administration.
“An individual’s personal decision to purchase — or decline to purchase — health insurance from a private provider is beyond the historical reach of the Commerce Clause,” said Hudson, a 2002 appointee of President George W. Bush.
Nevertheless, the White House predicted it would prevail in the Supreme Court, although it may be a year or two before the health care law gets there. The next step for the Virginia lawsuit is the 4th U.S. Circuit Court of Appeals in Richmond, where Democratic-appointed judges hold a majority.
In an interview with television station WFLA in Tampa, Fla., today, Obama emphasized that other judges had either found the law constitutional or dismissed lawsuits against it.
“Keep in mind this is one ruling by one federal district court. We’ve already had two federal district courts that have ruled that this is definitely constitutional,” Obama said. “You’ve got one judge who disagreed. That’s the nature of these things.”
But in the short term, the latest court ruling hands potent ammunition to GOP opponents as they prepare to assert control in the new Congress with promises to repeal the law. Obama in turn has promised to veto any repeal legislation and appears likely to be able to prevail since Democrats retain control of the Senate. Republicans also have discussed trying to starve the law of funding.
Whatever the eventual outcome, today’s ruling could create uncertainty around the administration’s efforts to gradually put into effect the landmark legislation extending health coverage to 32 million uninsured Americans. And it can only increase the public’s skepticism, which has not significantly receded in the months since the law’s enactment, defying Obama’s prediction that it would become more popular as the public got to know it.
Obama aides said implementation would not be affected, noting that the individual insurance requirement and other major portions of the legislation don’t take effect until 2014.
Underscoring the potential for Hudson’s ruling to become a political cudgel for the new Republican House majority, incoming House Speaker John Boehner, R-Ohio, quickly cautioned states against “investing time and resources in Obamacare’s implementation now that its central mandate has been ruled unconstitutional.”
“Republicans have made a pledge to America to repeal this job-killing health care law, and that’s what we’re going to do,” said Boehner. Calls to repeal the law were a staple of tea party campaign rallies this year.
Other lawsuits are going forward, including one by 20 states that gets under way Thursday in Florida. That suit also challenges whether the federal government can require states to expand their Medicaid programs.
The suit that was decided on today had gained a high profile because it was pursued by Virginia’s outspoken attorney general, Ken Cuccinelli. The two earlier cases decided in favor of the administration were brought by little-known legal entities.
In his ruling, Hudson largely agreed with Cuccinelli’s argument that Congress exceeded its authority, and he dismissed the Justice Department’s argument that the insurance-buying requirement would come under the definition of regulating interstate commerce, a power given to Congress by the Constitution.
The mandate for people to buy insurance “is neither within the letter nor the spirit of the Constitution,” the judge said.
Hudson limited his ruling to striking down the so-called individual mandate, leaving intact other portions of the law — something supporters cast as a victory. But administration officials and outside analysts agree that important provisions of the legislation could not go forward without the requirement for everyone to be insured. That’s because insurers need to have large pools of healthy people, who are cheap to insure, or it is not financially tenable for them to extend coverage to anyone with a pre-existing condition or guarantee certain policies to nearly all comers.
Some provisions of the law took effect in September, six months after its passage, including free preventive care, an elimination of lifetime limits on coverage and a requirement for insurers to allow adult children to stay on their parents’ health plans until age 26.
Hudson recognized that his would not be the last word on the subject.
“The final word will undoubtedly reside with a higher court,” he wrote.
White House health reform director Nancy-Ann DeParle said the administration is encouraged by the two other judges — in Virginia and Michigan — who have upheld the law. She said the Justice Department is reviewing Hudson’s ruling.
In contrast to Hudson’s ruling, the judges in Michigan and Virginia, both appointed by President Bill Clinton, said the purchase requirement was allowable under the Constitution.
© Copyright 2010 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Obama honors Medal of Freedom recipients as heroes 
spokanecougar on December 13 at 10:26 a.m.
We are forced to have auto insurance if we drive and get a ticket if we are caught without it. How is this any different? Oh yeah, because it was enacted by a black democratic president.
hawken on December 13 at 10:29 a.m.
Oppps!! Unconstitutional???
I’m wondering if the white house staff is now scrambling, looking for a copy of the constitution?
Check underneath the cushions on the couch! in the oval office!
Major set back.
Best case,,,, another year to get to the Supreme Court, if it even makes it that far.
Sounds like the AP doesn’t like the ruling.
This is very good news for the people and the U.S. Constitution.
DeepFriedWhiskey on December 13 at 10:46 a.m.
spokanecougar: You have the option not to drive or own a vehicle if you don’t want to pay insurance.
monkeyman on December 13 at 10:53 a.m.
@ DeepFriedWhiskey on December 13 at 10:46 a.m.
“spokanecougar: You have the option not to drive or own a vehicle if you don’t want to pay insurance.”
…well, one has a choice not to live if they don’t want to pay for health insurance!
IHike4Fun on December 13 at 10:58 a.m.
Auto insurance is quite a bit different than health insurance. Auto insurance is primarily to cover the vehicle you damage in a collision. It is YOUR liability to the other driver that is being protected by mandatory auto insurance.
Health insurance is clearly ONLY for your benefit. The two can not be equated.
SpokaneLiberal on December 13 at 10:58 a.m.
We all knew it was going to the Supreme Court. Now we have conflicting rulings in multiple jurisdictions. The only way to settle it is with the Supreme Court.
Of course the great irony is the Obama plan is almost identical to the Republican Plan of a few years ago - but because they didn’t propose it - it must be bad.
Same thing with Cap and Trade and about half of the legislation approved so far. (Of course the opposite is true of Democrats they were opposed until they proposed it).
spokanecougar on December 13 at 11:05 a.m.
Hawken, would you be against this plan if Bob Dole won the presidential election in 1994 and this was enacted into law then since this is basically Bob Dole’s health care plan, and Bob Dole was far from a liberal socialist.
soccermomsusie on December 13 at 11:07 a.m.
People, I smell a rat!
OK, the only good part about OBAMASNARE is that our money would have to go to private insurance companies, basically making us give money to our betters - corporations.
Now, if that part is removed, watch out for GOVERNMENT TAKEOVER OF HEALTHCARE INSURANCE!!
We will be like China or the USSR, or worse yet, Canada (not to mention Germany, France, Norway, Spain, Sweden, England…OK I guess every other country).
Sure we pay twice as much for our healthcare than the next most expensive country in the world and our healthcare results are ranked lower than about thirty countries. That is not the point. Those other countries have not created billionaires and millionaires out of their insurance providers like we have. That is what counts!
I know that government can step in and cost us about half of what insurance companies do. But that is not the point! I would rather give all of my money to the insurance industry, have a million dollar deductible and live in a cardboard box than to have my taxes go up one penny. Why? BECAUSE I AM NOT A SOCIALIST!! THAT’S WHY!!!!!
HEAR OUR VOICE!!!!
MrNatural on December 13 at 11:27 a.m.
Well…as with my other well educated and well informed “comrades” If possible I will be traveling abroad for any major medical procedures in order to receive quality medical care and save significant amounts of money…The United States medical system has become bereft of humanity…thanks mostly to the insurance industry and their lackeys in congress.
mikeln on December 13 at 11:27 a.m.
You do make the guy with health insurance pay more when you have none, so it’s pretty much the same as car insurance. The point should be, are insurance companies legal when they are allowed to opperate above the laws we are required to follow. The people need to become self-insured, like the rich are, no more middle man profit, profit that is used to drive up the cost of health care for all of us. We have been lied to, to protect private health care, it’s time to take it away from them. Certain things like health care and energy should have never been allowed to be ran by the private sector, the wars for oil company profits are an example. By letting them profit from what belongs to all of us we have given them complete control over us and have given up all freedom, we now suckle at the corporate teat and exist only because they let us.
oneanddone on December 13 at 11:41 a.m.
Geez, Mikey. Go fill your lithium prescription. You and the Uni-bomber must be related.
spokanecougar on December 13 at 11:48 a.m.
oneanddone, by your statements you and Hitler must be related.
Loudin on December 13 at 11:52 a.m.
Woo-hoo!
YES!
JUST SAY NO TO SOCIALISM!!!
[Saying this while holding out my hand for my unconstitutional Social Security & Medicare welfare checks].
Seriously though, we’re a nation a hypocrites…total freaking hypocrites.
misjustice on December 13 at 12:01 p.m.
I think that many of us knew this was going to end up before the Roberts’ Corporate Court (formerly known as SCOTUS).
And guess what folks? They’ll uphold the mandate because it’s in their masters [ the health insurance corporations ] best interests. The health insurance corporations are NOT going to willingly give up over 30 million new “customers”.
Dazzeetrader11 on December 13 at 12:12 p.m.
Unconstitutional…..from an allegely bright constutional lawyer……who didn’t read thebill and hasn’t to date.
To force health insurance on his minions can’t be good. It’ll go to the high court. Glad it will. I hope he pushes back all the way to his possible re-election campaign.
60% of the people don’t want it. I wonder if he understood what Nov 2nd meant. Sounds ok to me. Remember in November , 2012.
I suppose the liberal media will go after the Judge or the AG in VA. Lots of these AG driven suits are soming. This Obamacare won’t ever be enacted…never be funded. O blew it by forcing on this bill while he neglected the US economy…which he still is neglecting.
Psssst…he’s done.
mikeln on December 13 at 12:24 p.m.
I don’t have health insurance so I’m thinking with a open and sober mind. The thing here is that I am thinking, unlike the mimicks who let others do the thinking for them. Most of all, I am stating the obvious, we are not happy with what obama has done, become a republican after being elected as a democrat. Oneanddone, go taste the sweet, opiated milk from your corporate buddies, while your leaded children play with their poison.
spokanecougar on December 13 at 12:27 p.m.
Daisy what will you do if Obama is re-elected?
Remember 2004 when nobody thought Bush would be re-elected and his popularity ratings were in the 30 percentile range? Remember by then It was widely known he lied to take us into an illegal war in Iraq? Yet, somehow he was re-elected - with some help of election fraud in Ohio.
Also, just have to say, people calling this law unconstitutional are just showing they know nothing about the constitution and have obviously never read it. Two judges ruled this was constitutional before this and most other law suits have already been thrown out regarding this bill. Now they get one victory by a Bush appointed judge and they think they won the Super Bowl. Yes, please continue bitching and complaining about how this health care bill is socialism while you sit in front of your computer collecting your social security checks from the government.
spokanecougar on December 13 at 12:33 p.m.
Oh yeah, and Daisy, looks like Obama will easily win re-election against anyone the GOP might put up against. Romney is the only one how gives him a race, but even then most people will still vote for Obama over him.
Good luck in 2012 with Palin you bat crazy conservatives.
http://www.realclearpolitics.com/epolls/latest_polls/elections/
Dazzeetrader11 on December 13 at 12:42 p.m.
It’s obvious what Obama’s agenda has been. Nobody is this stupid if he’s trained as a con lawyer. This was a trap from the begining…and there are more traps coming.
He’s just a community organizer who’s lived off taxpayers’ money his whole life. Il prepared for the rigors of the Presidency. He’s got no idea how to run this country anymore than Verner knows how run a city or Gregoire knows how to run a state.
It looks easy in the plentiful times. We cannot afford his Obamacare. We couldn’t then and it’s worse now. You all might cry for the 8% disenfranchised from healthcare. Worry more about the country. That 8% is what we could pay for but not the entire country!
Now he’s raising the debt with tax releif and asking more for this crazy ineffective plan. He put it off till the future for good reason. He will ot be re-elected. GOOD! Wall this pretender off so he can do no more damage.
misjustice on December 13 at 12:52 p.m.
Awww, Daisy, just wait until the new Weeper of the House, the orangeman Boner, votes to raise the nation’s debt ceiling! Good times!
; )
hawken on December 13 at 1:04 p.m.
spokanecougar
Calling the Federal Judge a racist, says more about you than the judge.
Obama and company rushed this fiasco through so fast, with Democrats only…. even Pelosi said… “we have to read it before we know what’s in it.”
That it has been found “unconstitutional” is only one of it’s many problems.
As of last week, 222 labor unions and businesses were granted waivers by the Obama administration, because they can’t afford to pay for Obama care.
Now, Obama and company will not be able to “force” Americans to buy insurance.
The whole basis for Obama care to work, according to Obama, was that everyone had to buy health care.
This madness is coming raveled by the day.
misjustice on December 13 at 1:15 p.m.
Obviously, the DOJ is going to appeal this decision. So it is far from being a done deal, baggers.
Dazzeetrader11 on December 13 at 1:24 p.m.
lolol..J…so funny today!……DOJ with Holder being the lazy fool he is won’t do anything unless it’s racial.
He cannot think and he doesn’t like the work….and he’s not skilled at all. He’s done nothing and he won’t.
Other issues will come up. This won’t be enacted or funded before Obama leaves office. I don’t know why people believe that having insurance is having health. Doesn’t equate.
This is about money not about health. It’s about a huge transer of control from the people to the government. Everything about it smacks of violations of people control.
Obama and his team are just lost on everything. Economy, healthcare, environment, food, oil, ..just everything. Clinton’s appealing but when a sitting president has to call in the old guys…well he’s over his head.
jddavis on December 13 at 1:31 p.m.
Lots of prognastication about President Obama being re-elected in 2012…I have serious doubts that the Democrats will even nominate him.
Ah the Commerce Clause; a minor detail!
The ‘bagees are mad as hornets now!
spokanecougar on December 13 at 1:36 p.m.
Umm, Hawken, learn to read, I never called the judge a racist, all I said was he was a Bush appointed judge. How do you get I was calling him a racist by saying he was appointed by Bush? Boy, you idiot conservatives will try and twist anything you want to fit your view.
People like you, hawken, and daisy say so many crazy thing and lie so much that anything you might say that has some relevance gets overlooked by the truly crazy crap and lies you come up with and post on here.
liberal_in_right_wing_land on December 13 at 2:14 p.m.
Listen to the crazy tea baggers thinking they have won. They get one victory in a sea of defeats so far and, as spokanecougar put it, they think they won the Super Bowl.
This will not be settled until the Supreme Court rules on it, we still have many, many years to go.
I will admit, I wouldn’t mind this bill being overturned though. I think this is just a capitalist handout to giant insurance corporations. This health care bill is capitalism at its best, forcing everyone to give money to rich white men who are running the insurance companies making a profit on people dying. Yes, thats the American way right there.
soccermomsusie on December 13 at 2:27 p.m.
Daisy, say what you will about Holder, but I am glad God talked to his heart and told him not to prosecute our greatest president George W. Bush for war crimes.
Yes, GWB did order waterboarding. Yes waterboarding is against the Geneva Convention. Yes, we did execute some Japanese after WW II for waterboarding our boys and we called it torture.
Holder, however, knew that this was different because our president was not Japanese and had been told by the Big Guy Upstairs (not DIck Cheney, the other Big Guy) to do it. So, sometimes he makes good decisions.
HEAR OUR VOICE!!!!
misjustice on December 13 at 2:45 p.m.
Fist: …well, one has a choice not to live if they don’t want to pay for health insurance!********
What a bunch of baloney! A really stupid comment.
Second: I make no money. No SocSec. No retirement. No income of any kind. So, how am I going to be forced to purchase something I can not afford. Oh, I don’t have to as long as I pay the fine. Well, where’s the money coming from to pay the fine?
ObamaCare is going down!!!!
SpokaneLiberal on December 13 at 2:59 p.m.
Gramma there are sliding subsidies in the program that would have made your health care free. Required, but free.
soccermomsusie on December 13 at 3:48 p.m.
Oh great now Gramma is going to get “free” insurance on my dime!
She tries to sound like a conservative, saying she doesn’t get retirement or soc sec (good for you I think!) Then SpokaneLiberal tells her that she can get free insurance because she has no money. IT ISN’T FREE GRAMMA!! I AM PAYING FOR YOUR POLIDENT AND LIVER SPOT OINTMENT!!!
Have some pride. If you really are a gramma, that means you could get soc sec and med car, but you say you don’t. I would wager you do, and you also got a free scooter from a mobility specialist! ALL ON MY DIME!!!!!
GET A JOB GRAMMA! YOU COULD PASS CATCHUP OUT AT BURGER KING OR SHHHH PEOPLE AT THE LIBRARY. GET A JOB AND GET OFF THE DOLE!!! I DON’T CARE IF YOU ARE 80 AND NEITHER DO YOUR BETTERS (corporations, the wealthy and other people God has placed over you).
Grrrrrrrrrrrrrr
HEAR OUR VOICE!!!!
jddavis on December 13 at 4:56 p.m.
Susie—love your prose!
Those waterboarded were not party to the Geneva Conventions.
Diana on December 13 at 4:58 p.m.
Gramma proudly states: “I make no money. No SocSec. No retirement. No income of any kind. So, how am I going to be forced to purchase something I can not afford.”
So when, heaven forbid, you get sick, have a heart attack, stroke or a bad accident, Gramma, who do you think is going to pay for your care?
misjustice on December 13 at 5:41 p.m.
Gramms declares, “I make no money. No SocSec. No retirement. No income of any kind. So, how am I going to be forced to purchase something I can not afford.”
People will always prioritize and justify expenditures, we all do it; but I guess season hockey tickets and eating out at new restaurants is more important than buying your own health care.
Right, Gramma?
Gramma on December 07 at 12:38 p.m. Re: Teddy Bear Toss
We have season tickets & go every home game. It’s always lots of fun to see the enthusiasm of the fans toss the bears on to the ice.
Yes, I also donated my 2 bears & Wednesday I will donate to the Marine Corps Toys For Tots drive.
Gramma on December 08 at 9:37 a.m. Re; Olive Garden
Extremely slooooowwwwwww service. Went to a late lunch (2:30) of soup & salad. It took over an hour to get our soups & we didn’t get our salads until way after soups were gone.
Thinking it was just a lunch time service issue, we went again. Still really bad service & I sat waiting for my salad while my companion ate their soup (& feeling very strange eating while I waited).
Don’t know if we will go back.
misjustice on December 13 at 5:52 p.m.
Sorry guys. I’ve said it before. I come from the ‘old’ days. My husband is the money maker. Woo Hoo. What little bit he does get. So I live on his dole. Yes, he buys me those meals & the teddy bears & my soup & salad. Grateful for that hubby I am!
But then again, why should I have to work? You all can pay for my insurance. O’Blame-A says the wealthy should share their wealth & if soccermomsusie can afford her big gas guzzler, then she can afford to pay some on my insurance, help with my scooter & let me have my welfare food.
Come on guys. You all say we should share!! What happened to being charitable? It is that time of year…….right??
misjustice on December 13 at 6:22 p.m.
Good one, Gramms!
; )
Scoutster on December 13 at 9:08 p.m.
What a great opportunity for the GOP to come forward with their fabulous plan we will all abandon Obamacare for because it is so much better!
Now’s the time, Speaker John. Strike while the iron is hot and get public opinion mobilized behind the Republican
“Better Plan that Makes Obamacare Unnecessary Act of 2011”.
Let ‘er rip, John and the conservatives. I’ve heard the problem, what’s the solution?
JBlim on December 13 at 9:44 p.m.
Ruling paves the way for another Republican goal: No health insurance. Yes, thanks Republicans for fighting for our right to not have any health insurance. Just what everyone dreams of! And, with your help, you can make that dream come true for millions of Americans.
misjustice on December 14 at 7:44 a.m.
The new Weeper of the House, Mr. Boner, will immediately implement the Republican’t Health Care Plan.
The “Plan” as outlined by Alan Grayson;
“The Republican health care plan: don’t get sick,” he said. But, he added,”The Republicans have a back up plan in case you do get sick … This is what the Republicans want you to do. If you get sick America, the Republican health care plan is this: Die quickly!”
http://www.huffingtonpost.com/2009/09/30/alan-grayson-republicans_n_303996.html
misjustice on December 14 at 2:00 p.m.
Oh, I forgot: ***Soccermomsusie said: Have some pride. If you really are a gramma, that means you could get soc sec and med car, but you say you don’t. I would wager you do, and you also got a free scooter from a mobility specialist! ALL ON MY DIME!!!!!***********
Apparently soccermom thinks you need to be 80 years old to be a grandma. Nope. Became a grandma at 36. Married at a really young age & was 18 when I had my first & he was 18 when he & she had their first. (BTW I’m still married after 41 years to the same ole codger & my son is still married to the same girl.) Anyway. I’ve known a few people that were only 30 & became grandparents.
Suck it up soccermom. I don’t get soc sec nor med care nor Medicaid. I’m a gramma but not that old!!