Virginia Judge Strikes Down Provisions of Health Care Law



U.S. District Court Judge Henry E. Hudson’s ruling today affirms that there are limits to Congress’s powers under the Commerce Clause. Congress’s attempt to force Americans to participate in the market for health insurance is a bridge too far under current precedent. Judge Hudson rightly recognized that requiring Americans to participate in commerce to is simply different from regulating already-existing commercial activities.

Judge Hudson did not enjoin enforcement of the law because he realized that the ultimate issue will be decided by the Supreme Court. The coverage mandate does not go into effect until 2014, thus there was no reason to suspend this provision. The Supreme Court will have decided the ultimate fate the health care law by then. 

Here is an early press report on the decision.

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