Time Magazine
Virginia U.S. District Court Judge Henry Hudson finds key provision of health reform law violates Commerce Clause.
Congressman Eric Cantor (VA-07) today issued the following statement in support of the ruling by U.S. District Court Judge Henry Hudson of the Eastern District of Virginia, which declared the Democrats’ health care law to be unconstitutional: [...]
Washington Post
U.S. District Court Judge Henry E. Hudson found that Congress could not order individuals to buy health insurance.
In a 42-page opinion, Hudson said the provision of the law that requires most individuals to get insurance or pay a fine by 2014 is an unprecedented expansion of federal power that cannot be supported by Congress's power to regulate interstate trade.
"Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market," he wrote. "In doing so, enactment of the [individual mandate] exceeds the Commerce Clause powers vested in Congress under Article I [of the Constitution.] [...]
Virginia U.S. District Court Judge Henry Hudson finds key provision of health reform law violates Commerce Clause.
Congressman Eric Cantor (VA-07) today issued the following statement in support of the ruling by U.S. District Court Judge Henry Hudson of the Eastern District of Virginia, which declared the Democrats’ health care law to be unconstitutional: [...]
Washington Post
U.S. District Court Judge Henry E. Hudson found that Congress could not order individuals to buy health insurance.
In a 42-page opinion, Hudson said the provision of the law that requires most individuals to get insurance or pay a fine by 2014 is an unprecedented expansion of federal power that cannot be supported by Congress's power to regulate interstate trade.
"Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market," he wrote. "In doing so, enactment of the [individual mandate] exceeds the Commerce Clause powers vested in Congress under Article I [of the Constitution.] [...]