U.S. District Judge Henry Hudson in Virginia has ruled the individual mandate portion of the Health Care bill is unconstitutional. Virginia’s Attorney General, Ken Cuccinelli, filed the lawsuit last year shortly after Obamacare was passed. Cuccinelli argued that the federal government did not have the constitutional authority to impose the requirement to purchase insurance or pay a fine.
“Neither the Supreme Court nor any federal court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter a stream of commerce by purchasing a commodity in the private market. In doing so, enactment of the Minimum Essential Coverage Provision exceeds the Commerce Clause powers vested in Congress under Article I.”
Hudson is the first judge to rule against Obamacare.