The ruling by a federal judge in Virginia declaring the mandates in the “Obamacare” legislation may well have effects beyond the immediately apparent.
U.S. District Henry Hudson, in a 42-page opinion, granted the state of Virginia summary judgment in its suit seeking to declare the insurance mandate unconstitutional, thus threatening the entire package of insurance reforms in the 2,700-page law. [Forbes]
Word is the Obama administration will appeal, but given the Constitutional legalities involved, and that Judge Hudson actually quoted Obama on alternatives, the likelihood of it passing Supreme Court review is minimal. I would even venture that this ruling would be upheld by the Supreme Court with no less than 6 – maybe even 7 – justices agreeing with the Virginia court.
Having this legislation slapped down by the Supreme Court would be yet another nail in the agenda of the 111th Congress and Barack Obama. Thus, pushing this issue would be suicide by Supreme Court.
So what’s the alternative? About the only thing Obama and the Democrats in Congress can do is reintroduce the legislation, but rather than mandating that citizens purchase health insurance, enforce it via tax.
Yeah, like THAT’S gonna work. Still, a tax is going to be the only way the President can pay for universal health care and get around Constitutional limits. Congress CAN levy taxes; that’s not debatable. It can’t be challenged in court.