By Matt Smith
U.S. District Judge Henry Hudson, a federal judge in Richmond, Virginia declared a key section of the Obama administration’s health care reform law unconstitutional. The lawsuit was filed by Virginia Attorney General Ken Cuccinelli in defense of Virginia’s own law that prohibited those living in the Commonwealth from being forced to purchase insurance.
The District Court ruled the federal mandate placed on Americans to purchase insurance by 2014 and subsequently pay a penalty for failure to comply is unconstitutional according to the Commerce Clause of the U.S. Constitution.
The mandate section of the Patient Protection and Affordable Care Act (Obama-care) is included in Section 1501 – Requirement to Maintain Minimum Essential Coverage. The law states, “An applicable individual shall for each month beginning after 2013 ensure that the individual, and any dependent of the individual who is an applicable individual, is covered under minimum essential coverage for such month.”
In the ruling, Judge Hudson stated:
“…At its core, this dispute is not simply about regulating the business of insurance – or crafting a scheme of universal health insurance coverage – it’s about an individual’s right to choose to participate.”
In a statement posted on his website, Attorney General Cuccinelli said:
“Today, a federal judge in Richmond ruled the individual mandate of the federal health care law UNCONSTITUTIONAL!
“In other words – we won!
“This won’t be the final round, as this will ultimately be decided by the Supreme Court, but today is a critical milestone in the protection of the constitution.
“I am still fully digesting the court’s ruling, so I’ll get back to you again later with more details, but I wanted you to hear the good news right away.
“I thank so many of you for your support to become the Attorney General of Virginia, and your support since then. Today is a day to celebrate those same first principles that our founding fathers articulated over 200 years ago. We are proud to defend their work and the same first principles today in the 21st century.”
The Obama Department of Justice has already said it will appeal the decision making today’s ruling just one step in what most legal observers agree will lead to consideration by the Supreme Court. In preparation for the fight in the highest court, Catholic Advocate has mailed over six hundred thousand amicus brief petitions that we are prepared to present to the court on behalf of Americans opposed to Obama-care.
Catholic Advocate will continue to support Attorney General Cuccinelli and others working on behalf of the people to fight the Obama-care mandates against individual liberty and the sanctity of Life.
Matt Smith is Vice President of Catholic Advocate
