Federal judge strikes down health-insurance mandate
A federal judge in Virginia has struck down the Obama administration’s requirement that all Americans buy health insurance, a key provision in the landmark health care bill that the president signed in March.
Today’s ruling could gut the entire health care plan, though U.S. District Judge Henry Hudson wrote that his decision will undoubtedly be appealed — probably all the way to the U.S. Supreme Court.
While upholding other provisions of the new health care law, Hudson ruled that the individual mandate “exceeds the constitutional boundaries of congressional power,” He added that he won’t stop implementation of the law as various challenges wind their way through the courts, noting that many provisions won’t take effect until at least 2014.
Tell us what you think about the site
Customer Care »
Vacation stops, manage subscriptions and more
AJC Services
Sections
Other Editions
Guides
Visitor Agreement | Privacy Statement
© 2012 The Atlanta Journal-Constitution
847 comments Add your comment
Nancy Pelosi
December 13th, 2010
12:54 pm
Are you kidding me? Who cares if the mandate is constitutional?
Southern Comfort
December 13th, 2010
12:54 pm
Sounds like there’s gonna be a 5-4 Supreme Court ruling in the distant future. Just sayin…
Stonethrower
December 13th, 2010
12:54 pm
Will my out of pocket cost and premiums now go down?
Lil' Barry Bailout
December 13th, 2010
12:56 pm
Bite it, liberal fascist control freaks!
Southern Comfort
December 13th, 2010
1:03 pm
Bite it, liberal fascist control freaks!
Are those freaks related to the conservative facist control freaks?
Union
December 13th, 2010
1:04 pm
in other words.. they cannot force a person to buy something and if they dont.. fine them and take their money with force..
Doggone/GA
December 13th, 2010
1:05 pm
“U.S. District Judge Henry E. Hudson is the first federal judge to strike down the law, which has been upheld by two other federal judges in Virginia and Michigan. Several other lawsuits have been dismissed and others are pending, including one filed by 20 other states in Florida”
http://www.ajc.com/news/nation-world/judge-in-va-strikes-774641.html
Adam
December 13th, 2010
1:05 pm
I agree the individual mandate isn’t constitutional (but I do think the mandate on large employers is not unconstitutional). I really don’t see any reason we can’t just alter that part. Instead there should be some incentive to hop on the heath insurance train, not a fine for not having it.
However I should also mention that no one is going to go to jail for not paying the fine. It’s the same as the enforcement for not paying taxes. You just get billed over and over and you don’t get refunds. You only get thrown in jail for it if you’re Al Capone.
@@
December 13th, 2010
1:06 pm
Time to start the tweaks or tweets, if you will.
Peadawg
December 13th, 2010
1:06 pm
Hudson ruled that the individual mandate “exceeds the constitutional boundaries of congressional power,”
Can I get a AMEN!!
Union
December 13th, 2010
1:07 pm
@adam.. tell that to wesley snipes…
Guy Incognito
December 13th, 2010
1:10 pm
“A repub AG and a Bush-appointed judge”
Thought I’d get that out there for our lib-tard friends
USMC DAWG
December 13th, 2010
1:10 pm
AMEN.
Can the government FORCE a citizen to buy a product or service?… Anyone?
Union
December 13th, 2010
1:11 pm
@adam.. and they can take your house.. your personal property.. etc.. so.. while that may not be jail.. its still pretty tough..
Guy Incognito
December 13th, 2010
1:11 pm
Mind you, that doesn’t mean it’s constitutional. And up to the Court we go!
Kamchak
December 13th, 2010
1:12 pm
Activist judge.
Thought I’d get that out there for our silly con friends.
Guy Incognito
December 13th, 2010
1:13 pm
Cakalaky Kam, sorry for lifting a page from your book
RespectivePerspective
December 13th, 2010
1:14 pm
I suppose this is considered good news by the Republicans since they may ultimately be free to purchase their McValue plan if they choose or leave it if they choose. It is the bed they choose to sleep in.
Richard
December 13th, 2010
1:14 pm
Anthony Kennedy (the most powerful person in the country) will end up deciding this. Relax everyone.
Granny Godzilla
December 13th, 2010
1:15 pm
Hot Damn!
Conservative activist judges.
Does this mean Romneycare is unconstitutuional too?
Now’s a great time to point out the the individual mandate was a GOP idea included in the ACA……
Sebastian Haff
December 13th, 2010
1:15 pm
So, then the Kennesaw, GA firearm ownership mandate is unconstitutional too?
Forrest Marx
December 13th, 2010
1:15 pm
Bite it, liberal fascist control freaks!
“Are those freaks related to the conservative facist control freaks?”
Fascist is as fascist does, that’s what my momma always said!
Southern Comfort
December 13th, 2010
1:15 pm
Also, if any of you free marketteers think insurance companies are going to let someone take guaranteed money off of their books, you might wanna pack a lunch for this judicial fight. It’s gonna get real nasty, real quick.
AmVet
December 13th, 2010
1:15 pm
Silly Democrats, trying their damnedest to be Republicans.
But they’ve forgotten the cardinal rule of using the United States Constitution as a list of suggestions. Only Presidents with an R after their name are allowed to serially disregard the law of the land…
Doggone/GA
December 13th, 2010
1:16 pm
“Can the government FORCE a citizen to buy a product or service?… Anyone?”
Do you own a car? Ever heard of car insurance? Specifically, liability?
RespectivePerspective
December 13th, 2010
1:16 pm
Thought I’d get that out there for our lib-tard friends
Do you call your “friends” “lib-tards” to their faces or is that something you prefer to reserve for your moments incognito.
USMC DAWG
December 13th, 2010
1:17 pm
Who cares anyway. Can’t I just call the White House and get a Healthcare waiver?
Oh yeah, they only do that for their friends and campaign contributors.
Silly me, I should have known that.
Union
December 13th, 2010
1:18 pm
doggie.. you dont have to own a car…
Whacks Eloquent
December 13th, 2010
1:19 pm
Granny,
I don’t think the Mass HC system falls into same category, it is the state gov’t covering the Mass citizens. I have not read their constitution, but the US Constitution would have no say on that unless their basic rights are being violated. It would not surprise me if Mass gives their gov’t a lot more power though.
Sebastian, I agree on Kennesaw. Do they say what kind of firearms – could you use a water gun?
Doggone/GA
December 13th, 2010
1:19 pm
“doggie.. you dont have to own a car”
but if you do, you CAN be forced to buy liability insurance
free2booze
December 13th, 2010
1:19 pm
“However I should also mention that no one is going to go to jail for not paying the fine”
Not under current law, but who’s to say that a future congress won’t make the penalty harsher for “repeat offenders” who choose the fine over paying for insurance year after year? Once the federal government can make something “illegal”, what’s to stop them from getting tougher on all of the “free riders” who refuse to buy insurance? If the purpose of the fine is to serve as a disincentive to those who would otherwise not buy insurance, too many people opting not to buy insurance would undermine the intended effect of the law because the only way the law can work is if everyone purchases insurance. The government would be forced to make the penalty stricter over time until it became enough of a disincentive for everyone to purchase insurance. What would that take? $1000, $5000, jail time?
Adam
December 13th, 2010
1:19 pm
Union: Not over small amounts. This part of the law should be repealed in my opinion, but even if it isn’t your personal risk of being forced to pay the money or be thrown in jail is limited. Assuming you’re not getting tax refunds every year and you are not in the IRS’ crosshairs for some reason you’ll probably be fine.
AmVet: It may be important to note that the mandate was initially a Republican idea, to further your satire
Union
December 13th, 2010
1:20 pm
usmc.. we can join a union.. although.. they force money from members.. so its a lose lose either way
USMC DAWG
December 13th, 2010
1:20 pm
“Do you own a car? Ever heard of car insurance? Specifically, liability?”
Wrong again Doggone, you only have to have auto insurance if you CHOOSE to operate a motor vehicle.
And last time I checked, I don’t have to operate a motor vehicle unless I FREELY CHOOSE to.
Next….
RespectivePerspective
December 13th, 2010
1:20 pm
“Can the government FORCE a citizen to buy a product or service?…
Yes. Aside from the obvious auto insurance there is education and public safety and military and social security, etc., that are paid with taxes that you are required to pay, unless you choose to move to some location that does not impose such taxation for services rendered.
Southern Comfort
December 13th, 2010
1:21 pm
you dont have to own a car
True, but if you do own a car, you don’t have the freedom to decide whether or not you want to buy insurance or use a seatbelt, do you?
Adam
December 13th, 2010
1:21 pm
Oh, and the possibility of you facing a fine in the first place is limited especially if you have low or no income. Then you get into expanded medicare/medicaid.
Doggone/GA
December 13th, 2010
1:22 pm
“Do they say what kind of firearms – could you use a water gun?”
In 1982 the city passed an ordinance [Sec 34-21][13]
(a) In order to provide for the emergency management of the city, and further in order to provide for and protect the safety, security and general welfare of the city and its inhabitants, every head of household residing in the city limits is required to maintain a firearm, together with ammunition therefore.
(b) Exempt from the effect of this section are those heads of households who suffer a physical or mental disability which would prohibit them from using such a firearm. Further exempt from the effect of this section are those heads of households who are paupers or who conscientiously oppose maintaining firearms as a result of beliefs or religious doctrine, or persons convicted of a felony.
http://en.wikipedia.org/wiki/Kennesaw,_Georgia
firearm: –noun
a small arms weapon, as a rifle or pistol, from which a projectile is fired by gunpowder
Pennsylvanian
December 13th, 2010
1:22 pm
“Do you own a car? Ever heard of car insurance? Specifically, liability?”
We are not required to purchase liability insurance for every car we own. Liability insurance is required as a condition of operating the car on public roads. And it is a state requirement, not a federal requirement.
Southern Comfort
December 13th, 2010
1:23 pm
we can join a union.. although.. they force money from members
Aren’t you the bright one!!! If you voluntarily join a union as you suggest, how are they forcing money from you? LMAO!!!!!!
Union
December 13th, 2010
1:23 pm
soco. yes you do..
Adam
December 13th, 2010
1:23 pm
SoCo: You can still not wear a seatbelt. But you do get fined for it if you are caught. Same with insurance. Jail time for this stuff is rare.
Whacks Eloquent
December 13th, 2010
1:23 pm
Doggone, not trying to be contrary, but I will be. You are not forced to buy auto insurance, you just have to have it in order to be able to use public roads. If you have a farm and want a truck for moving hay around, it does not have to be registered or insured if you never take it off your property. There may be a couple of states that try to regulate that, but most of them don’t. Besides, with auto insurance you can do harm to another person and hence the liability stuff, which is the only required part. Stuff that benefits you is completely optional. With health insurance, who the heck would be hurt if you opt out, other than yourself? I have heard the comparison before, but it really does not translate in the end…
Jefferson
December 13th, 2010
1:24 pm
When its your health care premiums that become unaffordable or get yanked one day, you may see the light.
Union
December 13th, 2010
1:24 pm
soco.. dont be ignorant.. several places have an opt out clause (negotiated by unions) that require you to pay a fee to work there if you opt out of the union..
AC
December 13th, 2010
1:24 pm
The truly amusing thing here is that if Congress had enacted a legitimate health care reform bill, like a single-payer system, it would be viewed as Constitutional (or at least a Constitutional as the socialized Federal military is). Instead, we got screwed by the health insurance corporations, through their pets in Congress.
Doggone/GA
December 13th, 2010
1:24 pm
If this decision holds up under appeal, I think that Congress will probably get around it by institution some kind of waiting period for new policy holders…to obviate the problem of people only buying healthinsurance when something serious strikes.
Redneck Convert (R--and proud of it)
December 13th, 2010
1:26 pm
Well, I feel like a free man again. And just to show how thankful I am, I’m going to drop a whole dime in the collection plate down at the Church of Holiness on Sunday. That ought to take care of the healthcare of two or three of those bums without insurance for a couple years.
Doggone/GA
December 13th, 2010
1:26 pm
“And it is a state requirement, not a federal requirement”
Yes, but the original question asked was “Can the government FORCE a citizen to buy a product or service?… ” not “Can the FEDERAL government…etc”
Southern Comfort
December 13th, 2010
1:28 pm
soco.. dont be ignorant
If I can’t be ignorant, then you should follow suit. If you can throw out hollow barbs, why can’t I?? Several places does not equate to all. So, you show willful ignorance in trying to equate the two.
Also, I would love to see you show the freedom of choice and drive down the connector without a seatbelt and insurance and see what your freedom gets you. There is no freedom if you choose to own and operate a car. If you believe in that, you may as well believe the easter bunny is dating santa claus.