Monday, December 13, 2010

The individual right to choose

AP: A federal judge has rule that the central provision of Obamacare is unconstitutional. The requirement for all Americans to carry health-care insurance goes well beyond Congress' power under the Commerce Clause.

The WSJ says:
In a 42-page ruling, U.S. District Judge Henry E. Hudson said the law's requirement that most Americans carry insurance or pay a penalty "exceeds the constitutional boundaries of congressional power."
The individual mandate "would invite unbridled exercise of federal police powers," wrote Judge Hudson, of the Eastern District of Virginia. "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."

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