Monday, January 31, 2011

Federal Judge Throws Out Obamacare

"Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void."
This is in reference to the 26 state lawsuit that was argued in the Northern District of Florida federal court.

Language from the decision, featuring a reference to the Boston Tea Party (entire PDF):

It would be a radical departure from existing case law to hold that Congress can regulate inactivity under the Commerce Clause. If it has the power to compel an otherwise passive individual into a commercial transaction with a third party merely by asserting --- as was done in the Act --- that compelling the actual transaction is itself “commercial and economic in nature, and substantially affects interstate commerce” [see Act § 1501(a)(1)], it is not hyperbolizing to suggest that Congress could do almost anything it wanted. It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place. ...
In the final analysis, this Act has been analogized to a finely crafted watch, and that seems to fit. It has approximately 450 separate pieces, but one essential piece (the individual mandate) is defective and must be removed. It cannot function as originally designed. There are simply too many moving parts in the Act and too many provisions dependent (directly and indirectly) on the individual mandate and other health insurance provisions --- which, as noted, were the chief engines that drove the entire legislative effort --- for me to try and dissect out the proper from the improper, and the able-to-stand-alone from the unable-to-stand-alone. Such a quasi-legislative undertaking would be particularly inappropriate in light of the fact that any statute that might conceivably be left over after this analysis is complete would plainly not serve Congress’ main purpose and primary objective in passing the Act. The statute is, after all, called “The Patient Protection and Affordable Care Act,” not “The Abstinence Education and Bone Marrow Density Testing Act.” The Act, like a defectively designed watch, needs to be redesigned and reconstructed by the watchmaker.



So what's next?  Allahpundit at HotAir explains:

A nice win, if only because it’s fun to watch the left sweat, but as we’ve discussed before, these lower-court decisions are virtually meaningless. There’s no question that the Supreme Court will eventually take this matter up, and given how profound the constitutional objection to the mandate is, there’s no chance that they’ll let “deference” to lower-court rulings shape their opinion on the matter. What we’re doing with these district court rulings — which now stand evenly split on ObamaCare, two finding it constitutional and two not — is going through the procedural motions until the Supremes get down to business.
  It's a battle won, but not yet the war.  We cannot relent.

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