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Judge torpedoes Obamacare, warns of ‘unbridled fed police’



Judge torpedoes Obamacare, warns of ‘unbridled fed police’

by Bob Unruh President Barack Obama participates in a national tele-town hall meeting at the Holiday Park Multipurpose Senior Center with senior citizens to...

gopthedailydose.com

Judge torpedoes Obamacare, warns of ‘unbridled fed police’

Posted on 19 April, 2014 by clyde


by Bob Unruh

President Barack Obama participates in a national tele-town hall meeting at the Holiday Park Multipurpose Senior Center with senior citizens to discuss the Affordable Care Act and ways to combat scams targeting seniors in Wheaton, Maryland on June 8, 2010. Secretary of Health and Human Service Kathleen Sebelius was on hand to moderate the questions from seniors. UPI/Gary Fabiano/Pool Photo via Newscom

A federal judge today ruled that Obamacare’s individual mandate, the core of the president’s plan nationalizing health-care decision-making for all, is unconstitutional.
And the implications are even worse than just the dispute over health care and its costs, according to the ruling from U.S. District Judge Henry Hudson.
“A thorough survey of pertinent constitutional case law has yielded no reported decisions from any federal appellate courts extending the Commerce Clause or General Welfare Clause to encompass regulation of a person’s decision not to purchase a product, notwithstanding its effect on interstate commerce or role in a global regulatory scheme,” the judge said.
And he warned, “The unchecked expansion of congressional power to the limits suggested by the Minimum Essential Coverage Provision would invite unbridled exercise of federal police powers.”
The controversial plan was adopted by Congress, whose members admitted they did not read the thousands of pages of new requirements, limits and restrictions before their vote, earlier this year and signed almost immediately by Obama, who had made it a central issue of his administration.
While two other federal judges have rejected other challenges to the law, lawyers for the state of Virginia, who brought the challenge to the federal law, argued Washington could not demand that someone buy a service or pay a penalty for not doing so.
The judge’s ruling said the dispute was not about regulating insurance – or even a universal health insurance.
“It’s about an individual’s right to choose to participate,” the judge said.
“We’re very pleased the federal court reached a sound decision and concluded that the individual insurance mandate is an unconstitutional violation of the Commerce Clause,” said Jay Sekulow, chief counsel of the American Center for Law and Justice, one of the groups that has battled Obamacare.
“This decision guts Obamacare and represents a decisive and significant victory for America against the largest power-grab by the federal government in U.S. history. The court correctly concluded that forcing someone to buy health insurance is not economic activity and that Congress does not have that authority under the Commerce Clause. We’re already working on an amicus brief on behalf of members of Congress in support of the Commonwealth of Virginia as this case proceeds through the appeals process,” he said.
At the White House, spokesman Robert Gibbs said challenges such as this are routine.
The state of Virginia had adopted a state law that essentially would nullify the federal plan inside its borders. Since then, one lawmaker in Texas went even further, proposing that those who enforce Obamacare in Texas be subject to jail time.
The ACLJ had filed an amicus brief in the case representing 28 members of Congress, including incoming House Speaker John Boehner and incoming House Majority leader Eric Cantor, as well as 70,000 Americans.
It argued that the mandate – the requirement that each individual buy the government-approved insurance policy Washington would specify, “exceeds any power granted under the Commerce Clause.”

The decision ultimately is expected to be put to the U.S. Supreme Court.

Read more at http://www.wnd.com/2010/12/239193/#yW257ROrphpe5J3j.99

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