Federal judge strikes down Obamacare mandate as unconstitutional

U.S. District Judge Henry E. Hudson just struck down the individual mandate in Congress' sweeping health care legislation passed earlier this year. The case was brought on behalf of the commonwealth of Virgina by state Attorney General Ken Cuccinelli. The legislation requires all qualified Americans to purchase health insurance or pay a penalty. At issue is whether the commerce clause in the constitution gives the federal government authority to force Americans to purchase goods or services. In addition to Cuccinelli's lawsuit, another case is being brought brought by a consortium of 20 state attorney generals, challenging the Obama administration's rather confused position on whether the mandate is or is not a tax. These lawsuits are also notable because the health care legislation does not contain a “severability clause” — meaning that if part of the legislation is invalidated in the courts, the whole of the legislation might have to be tossed out. 

For more details on the ruling, see the Associated Press' write-up here. And for a more background on why the individual mandate might be unconstitutional, see the Heritage Foundation's Hans Bader discuss the issue here.

Beltway ConfidentialKen CuccinelliObamacareUS

If you find our journalism valuable and relevant, please consider joining our Examiner membership program.
Find out more at www.sfexaminer.com/join/

Just Posted

Music venues around The City have largely been unable to reopen due to ongoing pandemic health orders. (Kevin N. Hume/S.F. Examiner)
SF to cut $2.5M in fees to help 300 nightlife venues

San Francisco will cut $2.5 million in fees for hundreds of entertainment… Continue reading

SF Board of Education vice president Gabriela Lopez and commissioner Alison Collins listen at a news conference condemning recent racist and social media attacks targeted at them and the two student representatives on Monday, Oct. 26, 2020. (Kevin N. Hume/S.F. Examiner)
Online attacks on school board members denounced by city officials

City officials on Monday condemned the targeting of school board members, both… Continue reading

President Donald Trump and Democratic presidential nominee Joe Biden have taken different approaches to transit and infrastructure funding. <ins>(Yuri Gripas/Abaca Press/TNS)</ins>
Bay Area transit has big hopes for a Biden administration

The best chance for local agencies to get relief may be a change in federal leadership

BART Ambassadors are being called on to assist riders in social situations that don’t require police force. <ins>(Kevin N. Hume/S.F. Examiner)</ins>
Unarmed BART ambassadors program formalized with a focus on community service

Public safety and police reform are key elements in campaigns of Board members Dufty and Simon

East Bay hills and Port of Oakland visible from Point San Bruno Park jetty. (Shutterstock)
East Bay agencies urge precautionary evacuations ahead of wind event

At least two East Bay jurisdictions suggested Sunday that residents in the… Continue reading

Most Read