Federal Judge Rules Against Mandatory Insurance Coverage Clause of New Health Care Law

Casting an unmistakable and perhaps permanent pockmark on the face of the Obama administration, a federal judge in Virginia ruled Monday that a major component of the new health care reform law is unconstitutional.

Judge Henry E. Hudson ruled Monday for the state’s claim that the requirement for people to purchase health care exceeds the power of Congress under the Constitution’s Commerce Clause or under the General Welfare Clause.

“It is not the effect on individuals that is presently at issue — it is the authority of Congress to compel anyone to purchase health insurance,” wrote Hudson, who was appointed to the federal bench in 2002 by President George W. Bush.

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