Nutshell Summary of Ruling Against Obamacare

I have read Judge Henry E. Hudson’s 42-page ruling invalidating the individual purchase mandate of Obamacare. In a nutshell, Judge Hudson ruled:

  • That the individual purchase mandate (“Minimum Essential Coverage Provision”) is an unprecedented stretch of government power, in his words, it “extends the Commerce Clause powers beyond its current high water mark.”
  • Further, that the justification must come from Congress’s enumerated Commerce Clause power to regulate economic activities.
  • But the law exceeds the enumerated powers of the Commerce Clause.
  • The Congress’s efforts to bootstrap authority with findings and conclusions do not, in effect, amend the constitution (my words) to increase governmental power in this sphere.
  • The fines for not purchasing insurance are a penalty and not a tax, and the general power of the government to tax is not applicable to the IPM.
  • The individual purchase mandate is therefore, unconstitutional.
  • The unconstitutional part of the law will be severed from the rest, so that Obamacare remains in effect.
  • No injunction was issued because the unconstitutional part of the law does not take effect until 2014.

More analysis with quotes from the ruling over at Secondhand Smoke .

Dear Reader,

Can I be direct with you?

War abroad. Socialists on the rise. AI upending human life. Endless uproar online. The modern attention economy doesn’t want readers — it wants users enslaved to the tyranny of the present.

First Things is the antidote: literary excellence, timeless truths, and a fixed point of reference in a culture that has lost its bearings.

But we can’t do it without readers like you.

Our goal: Raise $150,000 by November 1 to sustain First Things in the year ahead.


Your gift anchors readers in the permanent things.

Make your Fall Campaign gift now using the button below.

GIVE NOW

If you have any questions or would like more information, please contact Giovanni Del Piero, Director of the Editor’s Circle, at gdelpiero@firstthings.com or 212-627-1985.

Next
YOU MIGHT ALSO LIKE

The Church in the Age of Therapy

Matthew Loftus

In 1966, Philip Rieff wrote in The Triumph of the Therapeutic that “Religious man was born to…

Canada’s Deadliest Blind Spot

Anna Farrow

On September 20, the Daily Mail ran a story with the provocative headline, “Our 83-year-old Christian grandmother…

The Faithful Joy of Dolly Parton and Fulton Sheen

Mike Aquilina

Dolly Parton and Fulton Sheen seem to have had little in common. She favored rhinestones; he wore…