Monday, December 13, 2010

The fatal flaws of ObamaCare (cont.)

Last month I updated a series of posts outlining the six fatal flaws of ObamaCare. One of the fatal flaws was the unconstitutionality of mandating that people buy health insurance just because they are alive. Today this was confirmed by U.S. District Judge Henry Hudson in Richmond VA, who found that the minimum essential coverage provision of the act "exceeds the constitutional boundaries of congressional power."

While this is certainly cause for cheer among those who cherish individual liberty, there are still quite a few hurdles left before the law is definitively struck down for constitutional reasons. Another important ruling is expected this week in similar case in Florida, where 20 states have joined an effort to have the statute thrown out.

Another issue that remains to be clarified is whether nullifying the individual mandate would essentially render the law inoperable, because it would make it impossible to mandate that insurance companies refuse insurance to those with pre-existing conditions. Last week the White House conceded that it would. Randy Barnett has a nice discussion on this issue here.


Benjamin Cole said...

OT, but is ever good news ever unwelcome?

The Dow is showing a nice steady rally of late. Up 60 and change today, tho an hour or two of trading left.

Are we turning the corner?

Tax cuts and QE2 and natural healing come to bear? Corporate profits are rising nicely. Inflation dead. Interest rates will be low a long time.

Long secular rally on horizon? I am feeling it....

J said...

Liberty, schmiberty, most of us have insurance.

W.E. Heasley said...

Matt Miller and Betsy McCaughey debated the judge’s ruling on Kudlow. Betsy McCaughey explained the unconstitutional ObamaCare mandate provision in seven very important words: the ends do not justify the means.

Steve Fulton said...

Wow-sanity breaking out like a tidal wave all over the place. In a Federal court of all places. Now if we could just get either CA or IL to admit that they are bankrupt--there might be no end to the ensuing bull mkt.

Frozen in the North said...

Most unusual is the partial ownership that the judge has with one of the top "anti health care" lobby firms.

As an aside, I think that Texas has the right solution... if you are poor no health care beyond absolute basic services. Its not death panels for the poor, its just no healthcare for the poor.

That's our Great Society?

If course I am being sarcastic.