While it is too early to declare Obamacare dead, it has clearly suffered a debilitating heart attack. The ruling Monday by federal judge Henry Hudson that it is unconstitutional for the government to force Americans to purchase health insurance gives hope to all who love American values.
The reason I say it is too early to declare the socialist takeover of America’s healthcare system dead is because socialists are already rushing over to Obamacare armed with industrial strength defibrillators. Hudson’s ruling will be hotly contested in higher courts.
But Philip Klein of American Spectator reports that Georgetown Law Professor Randy Barnett is optimistic that Hudson’s ruling gives Obamacare opponents a strategic edge:
This was a huge day. The government needed to run the table on all of these cases to survive, and it failed. It basically needed all the judges to say it was constitutional, and as soon as they had one that said it wasn’t, then we have a different game … It changes the posture, because now this will go to the Court of Appeals, and the Court of Appeals is going to have to reverse this judge.
I won’t repost all of Barnett’s musings on what will happen as the case inches along the path to the Supreme Court but suffice it to say he believes the Hudson ruling is a game changer.
The case happened, by the way, because rising star Ken Cuccinelli, the attorney general of Virginia, filed a challenge to Obamacare on behalf of Virginia.
Cuccinelli is a strong constitutionalist. “I start with a concern about the growth of federal government,” he told the New York Times. “I start with a perspective concerned about the growth of that power, and containing it within the bounds of the Constitution.”
We need more just like him.
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