The Patriot Post® · ObamaCare Mandate Ruled Unconstitutional

On Monday, U.S. District Judge Henry E. Hudson, appointed by George W. Bush, ruled that one of the core provisions of ObamaCare – the one mandating that individuals buy health insurance – is unconstitutional. “The unchecked expansion of congressional power to the limits suggested by the Minimum Essential Coverage Provision [the individual mandate] would invite unbridled exercise of federal police powers,” wrote Hudson. “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 ruling the provision unconstitutional, however, Hudson didn’t go so far as to strike down the entire law, only the mandate itself and any directly dependent provisions. We think Hudson should have gone further. The whole law depends on this mandate, though it doesn’t have what is known as a “severability” clause, which keeps the rest of the law in tact if a part is voided. Yet even if future court rulings stop where Hudson did, the whole law will crumble.

Hudson’s ruling contradicted two previous rulings by Clinton-appointed judges that the individual mandate falls under Congress’ catchall – the Constitution’s Commerce Clause, which empowers Congress to regulate interstate commerce. Oddly enough, if an individual is penalized for not buying insurance, it’s because they’re not engaging in commerce. As The Wall Street Journal put it, “If government can punish citizens for in essence doing nothing, then what is left of the core Constitutional principle of limited and enumerated government powers?”

The Left was so certain of their justification that, when asked last year if the individual mandate violated the Constitution, House Speaker Nancy Pelosi (D-CA) responded incredulously, “Are you serious? Are you serious?” Sen. Pat Leahy (D-VT) echoed that, scoffing, “[T]here’s no question there’s authority, nobody questions that.” Virginia Republican Attorney General Kenneth Cuccinelli did when he filed the suit, and Hudson found plenty of merit to the question.

Now, the administration has taken to referring to the mandate as the “individual responsibility provision.” Cute.

The mandate doesn’t take effect until 2014 (remember how pressing it was to get ObamaCare passed immediately?), and the legal wrangling is far from over. More than 20 state attorneys general, along with the National Federation of Independent Business, are suing in Florida with oral arguments to be heard Thursday. The Patient Protection and Affordable Care Act will almost certainly reach the U.S. Supreme Court. If Essential Liberty and the Rule of Law are to stand, the Court must side with the Constitution and strike down ObamaCare.