Federal Judge Upends Obamacare

by John M. Curtis
(310) 204-8700

Copyright December 13, 2010
All Rights Reserved.                                

              Dealing a blow to President Barack Obama’s health care reform legislation, U.S. District Court in Richmond, Virginia Judge Henry E. Hudson ruled that the bill was unconstitutional requiring all citizens to purchase private health insurance.  Before Medicare-for-all was killed by Sen. Joe Lieberman (I-Conn.) last spring, the current incarnation of health care reform became unconstitutional because the Commerce Clause prohibits government mandates.   “An individual’s personal decision to purchase—or decline to purchase—health insurance from a private provider is beyond the reach of the Commerce Clause,” ruled Hudson.  White House officials argued that states impose auto insurance on drivers granted the privilege of driving on city or state streets.  States have a compelling reason to impose property casualty insurance on drivers to protect against possible injuries and property damage. 

            Hudson, a 2002 appointee of former President George W. Bush, agreed with the Virginia Republican Party and Republican National Committee that railed against Barack’s health care reform before signing it into law March 23.  While Hudson’s ruling sends the case to Richmond’s 4th U.S Circuit Court of Appeals, it raises some constitutional red flags, especially about government’s reach.  In the case of auto insurance, it’s the states, not the federal government, that establishes motor vehicle codes and means of enforcement.  During the health care debate, Obama argued that health care was an individual right.  It followed that government was responsible for providing health care to its citizens.  To accomplish this, with other entitlement like Medicare and Social Security, it was necessary to mandate coverage.  No citizens decides whether pay Medicare or Social Security tax.

            Analogous arguments about health care break down when comparing private insurance from government insurance pools.  Hudson’s narrow interpretation of Obama’s Making Health Care Affordable Act stems from the distinction between public and private health care purchases.  Two other U.S. District Courts already agreed with the administration that it’s OK under the Commerce Clause to mandate health coverage.  Concluding that citizens are required to make “private” purchases becomes the sticking point for Hudson, or, for that matter, opponents to Obamacare.  In reality, government-sponsored insurance pools are not technically private, since the pools themselves are public entities.  “Keep in mind this is one ruling by one federal district court.  We’ve already had two federal district courts that have ruled that this is definitely constitutional,” said Barack.

            Hudson’s ruling gives the GOP a temporary shot in the arm, though it’s doubtful the appellate court would concur.  It’s splitting hairs to decide whether insurances purchases are private, when it’s the government’s intent to offer large insurance pools.  Because the program itself is packaged as sold as private insurance doesn’t erase the intent of government involvement.  Creating large purchasing pools, whether involving private insurers or not, clearly establishes the government’s involvement in providing national health insurance.  Whether or not it’s sold under a government umbrella like Medicare or Social Security, it still operates the same way.  Incoming House Speaker Rep. John Boehner (R-Ohio) hailed Hudson’s ruling, cautioning against “investing time and resources in Obamacare’s implementation now that it’s central mandate is ruled unconstitutional.”

            States with heavy immigrant, legal or otherwise, populations support Obama’s health plan to help defray uncollected costs associated with health care.  White House officials argued that national health care would reduce financial hardships associated the uninsured, one of the most common causes of bankruptcies.  “Americans have made a pledge to America to repeal this job-killing health care law, and that’s what we’re going to do,” said Boehner, alluding to Republcians’ landslide victories on Nov. 2.  Health care reform has become Obama’s Achilles’ Heel, much the same way the Iraq War upended the Bush administration.  What started off as a good idea, namely, national health care, morphed into another government boondoggle at a time of high unemployment and economic weakness.  Pushing for health care before creating jobs and fixing the economy made no sense to voters.

            Hudson rejected the idea the government insurance purchasing pools qualified as something regulated under the Constitution’s Commerce Clause.  It’s now up to a higher court to decide whether government- purchasing pools qualify as something regulated under the Commerce Clause.  Hudson agreed with Virginia’s conservative Atty. Gen. Ken Cuccinelli who argued that the government can’t mandate private insurance purchases.  Forcing people to buy insurance “is neither the letter nor the spirit of the Constitution,” ruled Hudson, adopting the most narrow interpretation of the government’s insurance purchasing pool.  Hudson was careful not to mess with any other provisions of the health care law other than the constitutionality of forcing citizens to buy private insurance.  “The final word will undoubtedly reside in a higher court,” wrote Hudson, kicking the can down the road.

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.

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