A judge has ruled ObamaCare unconstitutional in its entirety. Praise be to the morons on the Hill who decided there was no room in a bill of over 2000 pages for a severability clause.
I haven’t had time to read the ruling obviously, but I’m sure that others are doing so, and will have thoughts. It isn’t clear whether or not the ruling enjoins the government from enforcing the law, but I’m pretty sure that this will accelerate SCOTUS review.
Oh, and Queen Nancy? Remember when someone asked you about the constitutionality of this atrocity, and you asked if they were serious? I think this answers that question.
[Update a few minutes later]
Professor Jacobson weighs in:
Judge Vinson found that there was no need for an injunction, since the declaratory judgment that the entire law was invalid was sufficient. In effect, there is nothing left to enjoin, since no part of the law survived. By contrast, in the ruling in Virginia last year invalidating the mandate, the Judge severed the mandate from the rest of the law (but denied an injunction preventing the rest of the law from taking effect).
In this sense, this decision is far more sweeping than the Virginia case, and presents a greater problem for the Obama administration which arguably does not have authority to implement any aspect of Obamacare.
In a sensible world of course, in which the Democrats had any political integrity, this would accelerate the momentum toward repeal. I mean, if I had already delegated my oath of office to the courts, and got such a devastating rebuke, I’d certainly reconsider if my vote had been wise. And a president who wasn’t power mad would be willing to acknowledge his mistake as well, and willingly rectify it with his signature on a repeal bill.
But that’s not the world we live in.
[Update a couple minutes later]
Americans for Limited Government has a release:
For Immediate Release Contact: Rick Manning (press); Rebekah Rast (TV & radio)
January 31, 2011
Phone: (703) 383-0880
Florida Judge Rules ObamaCare Unconstitutional, ALG RespondsJanuary 31st, 2011, Fairfax, VA—Bill Wilson, President of Americans for Limited Government, released the following statement after Florida Judge Vinson ruled ObamaCare unconstitutional.
“For the second time, the federal courts have ruled that the federal government’s takeover of the health care system is unconstitutional. Congress needs to act now to defund the regulation writing on this unconstitutional law to prevent further damage from being done to our nation’s health care system. It is clear with a majority of states suing to stop the law, that it is unpopular, unconstitutional and unenforceable. Congress needs to act now to correct this mistake.”
With all Americans increasingly concerned about the unsustainable debt Obama and his cohorts have imposed on taxpayers, stopping any further advance of ObamaCare is vital to getting our fiscal house in order. First, stop any further regulation or dictates to the states. Second, repeal the law outright. And finally, move with common sense, market-based proposals to make the necessary repairs. Judge Vinson, following the ruling by Judge Hudson, has done a great service to the American people by beginning this crucial process.”
Indeed he has.
[Update a couple minutes later]
You know, it’s no surprise that unconstitutional bills get passed by a congress that contains members of a brain trust like Chuck Schumer:
“We have three branches of the government: we have a House, we have a Senate and we have a President…”
Hey, knowing basic civics is for the little people.
[Update a while later]
A summary of the decision by Dave Kopel.
I should note that it is becoming more clear now that the judge’s order was in effect a de facto stay against the law, so any enforcement of it by the administration will be in violation of that order. This should go to appellate like a rocket, if it doesn’t go straight to SCOTUS (as a result of the conflicting rulings from other districts).
[Update a while later]
Well, that didn’t take very long. According to the totalitarians, it is an act of judicial overreach and activism to point out that the Constitution places limits on the powers of the federal government.