Judge strikes down healthcare reform law. Reuters.
“Because the individual mandate is unconstitutional and not severable, the entire act must be declared void,” he wrote, “This has been a difficult decision to reach and I am aware that it will have indeterminable implications.”
Florida Judge Strikes Down Entirety of Obamacare. NRO. Great review on the legal points (Commerce Clause, Medicaid expansion under Spending Clause, 9th and 10th amendments, Necessary and Proper Clause, etc.). For the layman, the most salient one.
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.
The detailed dissection of the legal decision is very interesting. The discussion at large will be interesting to watch unfold. Especially since 26 states were party to the suit.
…Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Louisiana, Michigan, Mississippi, Nebraska, Nevada, Pennsylvania, South Carolina, North Dakota, South Dakota, Texas, Utah, Washington, Iowa, Ohio, Kansas, Maine, Wisconsin and Wyoming.
No stay was given so Obamacare can proceed in implementation, as the appeals process follows. Wager: a Supreme Court hearing in the future.