Ken Cuccinelli: Health Care Mandate Like Forcing People to Buy Guns

Fox Hosts Finally Find A Health Care Ruling To Report On
Fox Evening Hosts Devote Significant Time To Discussing Latest Health Care Ruling Special Report Features Report, Panel Discussion On Ruling. On the December 13 edition of Special Report, host Bret Baier introduced a report on the ruling by U.S. District Court Judge Henry Hudson by saying: "The first legal crack has appeared in the president's health care reform effort. A Federal Judge in Virginia today declared a major component of the law Unconstitutional." Later, Baier hosted a panel discus...

Health-Care Reform and the Constitution - Clive Crook - Politics - The Atlantic
A Federal Judge in Virginia has ruled that a key feature of Obama's health-care reform--the mandate on individuals to buy Insurance--is Unconstitutional. In due course the issue will be decided in the Supreme Court. If you want to understand the legal issues underlying the case, and get some guidance on how things are likely to go, you cannot do better than read this column by Stuart Taylor. Note that, as Taylor points out, the Individual Mandate may not be the part of the policy that is most ...

VA Attorney General: Judges Ruling Confirms Individual Mandate in ObamaCare is Unconstitutional
Monday, December 13, 2010 By Nicholas Ballasy (CNSNews.com) -- Virginia Attorney General Ken Cuccinelli praised a Virginia Federal Judge’s ruling on Monday that the mandate requiring people to buy Health Insurance or pay a penalty as stipulated in the new Health Care law is Unconstitutional. However, Cuccinelli also said the ruling is just one stage of a “long process” that will “all end at the U.S. Supreme Court.” Cuccinelli went on to say that Judge Henry Hudson’s

What if Obama's healthcare law required every American to buy a gun? How'd you feel about that?
Ken Cuccinelli has not been a well-known public figure -- until now. He's the Attorney General of Virginia, who wasn't given much chance of succeeding in his lonely Legal Challenge to President Obama's beloved healthcare Legislation designed to change whatever you believe in on that subject. But then, oops, Federal District Judge Henry Hudson on Monday agreed with the Virginia AG, declaring a crucial part of the law Unconstitutional. Full details here, including the opinion's complete text. Cu...

Cuccinelli's Other ObamaCare Victory
By now everyone knows about Virginia Attorney General Ken Cuccinelli's win in his Lawsuit against ObamaCare. Judge Henry Hudson ruled that the Individual Mandate "exceeds the Commerce Clause powers vested in Congress under Article I" of the Constitution. Judge Hudson also wrote, "The unchecked expansion of congressional power to the limits suggested by [the Individual Mandate provision in ObamaCare] would invite unbridled exercise of federal Police powers." What Cuccinelli d...

A 'Fairly Obvious' Error in Judge's Ruling on Health Care Reform? (The Atlantic Wire)
WASHINGTON, DC – Supporters of President Obama's Health Care reform are seizing on an analysis by The Volokh Conspiracy's Orin Kerr, who says the judge who found the Insurance law Unconstitutional made a "fairly obvious and quite significant error." Kerr, a Law Professor at George Washington University, points to this passage in the ruling of Judge Henry Hudson: If a person's decision not to purchase Health Insurance at a particular point in time does not constitute the type of economic ...

Amateur Hour: VA Judge Makes Elementary Error In Health Care Ruling
The Virginia federal District Court judge who ruled yesterday that the Individual Mandate in the Health Care bill is Unconstitutional is catching a lot of flack -- and not just for having a financial interest in an anti-health care reform consulting firm. Legal experts are attacking Judge Henry Hudson's decision on the merits, citing an elementary logical flaw at the heart of his opinion. And that has conservative scholars -- even ones sympathetic to the idea that the mandate is unconstitution...

when wendell potter blogs
people should read. ....i have no doubt the Insurance executives i used to work with were doing high fives when the Public Option bit the dust, and their favorite part of the bill — the mandate that will require us to buy their Insurance products if we're not eligible for an existing public plan like Medicare, Medicaid or the va program — became the law of the land.after the recent ruling by the federal judge in Virginia that the mandate to purchase Health Insurance is unconstitution...

Virginia Attorney General Ken Cuccinelli and Gov. McDonnell 'On the Record'
In case you missed our interviews with Attorney General Cuccinelli and Gov. McDonnell on a judge's ruling that the Individual Mandate in the national Health Care law is Unconstitutional, here's a chance to watch and sound off:...

Romney Agrees Health Care Law Is Unconstitutional
Likely presidential contender Mitt Romney is praising the court ruling that called President Obama's Health Care plan Unconstitutional, even though he spearheaded a similar Insurance requirement as Massachusetts Governor. A Federal Judge in Virginia on Monday said that the linchpin of the new Health Care law, which imposes a penalty on people who don't obtain insurance, violated the Constitution's commerce clause. MORE FROM NATIONAL JOURNAL: Senate Omnibus Bill Laden With Earmarks Why Scott Bro...

Obamacare Suffers A Debilitating Heart Attack
While it is too early to declare ObamaCare dead, it has clearly suffered a debilitating Heart Attack. The ruling Monday by Federal Judge Henry Hudson that it is Unconstitutional for the government to force Americans to purchase Health Insurance gives hope to all who love American values. The reason I say it is too early to declare the Socialist takeover of America’s Healthcare System dead is because socialists are already rushing over to ObamaCare armed with industrial strength defibrillat...

DOJ will appeal Hudson decision on health care law
TPM: The Justice Department said Tuesday that they'll appeal a Federal Judge's ruling that the Individual Mandate contained in the Health Care law is Unconstitutional and said the case shouldn't head straight for the Supreme Court. "We intend to appeal the District Court's ruling in Virginia to the Fourth Circuit Court of Appeals," Justice Department spokeswoman Tracy Schmaler told TPM in a statement. DOJ's announcement a day after federal judge Henry E. Hudson ruled against the federal governm...

Judge Who Struck Down Health Care Law Recalls "20 Years Of Active Service To The Republican Party"
Earlier this week, U.S. District Judge Henry E. Hudson ruled that a key provision in the Affordable Care Act requiring individuals to own Health Insurance is Unconstitutional. Hudson's opinion, which has even conservative legal scholars questioning his logic, did not come as a surprise given the Bush-appointed judge's known "roots in Republican politics." In his 2007 memoir, Quest for Justice, Hudson recalled how his " 20 years of active service to the Republican party " helped him land a seat o...

Justice Department to Appeal Virginia Judge's Ruling Against Health Care Law
WASHINGTON -- The Justice Department said Tuesday it intends to appeal to a U.S. District Court judge's ruling declaring a key part of President Obama's Health Care law Unconstitutional. The Fourth Circuit Court of Appeals would get the case that originated in Virginia when the state filed a Lawsuit saying the Individual Mandate is Unconstitutional. Judge Henry E. Hudson ruled Monday that the provision requiring people to buy health Insurance violates the Commerce and General Welfare clauses. He...

Justice Dept. to appeal health care reform ruling
Stumble This! WASHINGTON — The Obama Administration said Tuesday it would appeal against a Federal Judge's ruling that a key provision of the landmark Health Care reform law was Unconstitutional. "We intend to appeal the District Court's ruling in Virginia to the Fourth Circuit Court of Appeals," a spokesman for the Department of Justice told AFP. Judge Henry Hudson of the Eastern District Court in Richmond, Virginia, found on Monday that the new law's mandate that Americans must buy insu...

White House insists health law rollout unaffected
WASHINGTON (AP) -- The White House insisted Tuesday that the implementation of President Barack Obama's landmark Health Care law will not be affected by a negative Federal Court ruling, and the Justice Department said it would appeal. "There's no practical impact at all as states move forward in implementing ... the law that Congress passed and the president signed," White House Press Secretary Robert Gibbs told reporters. Justice Department spokeswoman Tracy Schmaler said that, as expected, t...

Federal powers
A Federal Judge's ruling that a key part of the Health Care overhaul is Unconstitutional will have no immediate impact on the law. In fact, the restraint shown by District Court Judge Henry E. Hudson will allow the government to move ahead with implementing the sweeping changes mandated by President Obama's signature domestic initiative. Judge Hudson rejected administration arguments that the Commerce Clause gives the government authority to require all Americans to buy health insuranc...

Good News on Health Reform: The Massachusetts Individual Mandate Does Not Appear to Be Melting Down...
Austin Frakt: Massachusetts coverage update | The Incidental Economist: The Massachusetts Division of Health Care Finance and Policy (MA DHCFP) has released the results of its 2010 household Insurance survey. It’s very good news, and to tie it into current news, it continues to show the value of an Individual Mandate. [N]ot only does Massachusetts continue to have the highest Health Insurance coverage rate in the nation, but that our state has seen gains even through an economic recessio...

Will health care hurt President Obama? (VIDEO)
The best of the best of state-based political blogs -- as of April 2009. Will Health Care hurt President Obama? (VIDEO) A Federal Judge's ruling earlier this week that a key element of President Obama's Health Care law is Unconstitutional has created questions about its fate and the political impact of the overhaul on the 2012 election. It's too soon to know how Health Care will play just yet but what is becoming increasingly clear is that the legal and political fights over the law are proceedi...

Not So Fast Holder
After the court ruled yesterday that the Individual Mandate was Unconstitutional, Attorney General Eric H. Holder Jr. and HHS Secretary Kathleen Sebelius wrote an article today for The Washington Post rebranding the "individual mandate" the "individual responsibility." You must login to comment. The Fox Nation is for those opposed to intolerance, excessive government control of our lives, and attempts to monopolize opinion or suppress freedom of thought, expression, and worship. Read more... We ...

White House insists health law rollout unaffected
WASHINGTON — The White House insisted Tuesday that the implementation of President Barack Obama’s landmark Health Care law will not be affected by a negative Federal Court ruling, and the Justice Department said it would appeal. "There’s no practical impact at all as states move forward in implementing ... the law that Congress passed and the president signed," White House Press Secretary Robert Gibbs told reporters. Justice Department spokeswoman Tracy Schmaler said that, as ...

Dean: Hudson ruling doesn't threaten health reform
On Monday's broadcast of Countdown, Keith Olbermann and Howard Dean reviewed the litany of problems with Henry Hudson's Health Care law ruling, starting Hudson's investment in a Republican political consulting firm that includes as clients Virginia AG Ken Cuccinelli who filed the Lawsuit upon which Hudson ruled. Dean argued that Hudson's ruling was basically irrelevant, pointing out that the judge found the Individual Mandate was severable from the rest of the Legislation and arguing that it wa...

Two More Ways in Which the Federal Health Insurance Mandate Is Not Like State Car Insurance Mandates
This morning Nick Gillespie noted a couple of ways in which the federal Health Insurance mandate that U.S. District Judge Henry Hudson rejected yesterday differs from state car Insurance mandates: 1. Driving on public roads, unlike living, is a privilege to which the government may attach conditions. 2. Americans can avoid the car Insurance requirement, but they can't avoid the Health Insurance requirement. As Northwestern University Law Professor Eugene Kontorovich puts it, "If you don't want ...

Health law loses in court challenge
The first judicial ruling against a key part of President Obama's landmark Health Care law has boosted efforts by opponents who want it repealed, stripped of funding or struck down by the U.S. Supreme Court, a battle that could take years. U.S. District Court Judge Henry Hudson's decision in a Virginia case throws into question how the biggest revamping of the nation's Health Care system since the creation of Medicare and Medicaid in 1965 can work if its mandate that individuals purchase insuran...

Matt Finkelstein: Judge Who Struck Down Health Reform Recalls "20 Years Of Active Service To The Republican Party"
Earlier this week, U.S. District Judge Henry E. Hudson ruled that a key provision in the Affordable Care Act requiring individuals to own Health Insurance is Unconstitutional. Hudson's opinion, which has even conservative legal scholars questioning his logic, did not come as a surprise given the Bush-appointed judge's known "roots in Republican politics." In his 2007 memoir, Quest for Justice, Hudson recalled how his " 20 years of active service to the Republican party " helped him land a seat...