Judge rules key part of Obamacare unconstitutional
By Doug Thompson
December 13, 2010
This 2010 handout photo provided by US District Judge Henry Hudson, shows Hudson at the court in Richmond, Va. Hudson declared a key provision of the Obama administration's health care law unconstitutional Monday, siding with Virginia's attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court. (AP Photo)
A federal judge in Washington ruled Monday that a key part of President Barack Obama‘s health care law is unconstitutional because the feds can’t force Americans to buy insurance.
U.S. District Judge Henry E. Hudson said no court in the nation has expanded the Commerce Clause of the Constitution to allow regulation of an individual’s decision to buy or not to buy a product.
The decision invalidates a key part of Obama’s landmark health care plan and sends the case to the courts where the who issue of mandatory health insurance could become moot.
Several states have already said they have no intention of forcing Americans to buy private health insurance.
The Obama administration is expected to appeal the case to the U.S. Supreme Court.