Monday, January 31, 2011

Federal Judge Rules Obamacare Unconstitutional

If you do not want to read the whole opinion (PDF file), which makes for a good read with a bunch of 'zingers', here is the money quote; "Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void". There was no severability clause in the bill, something that is pretty standard in most bills and contracts that I have read. The bill did contain such a clause in one of the earlier drafts, but was removed before the bill was passed.

This puts the 'score' at two rulings for ObamaCare and two against. As I have said before, this is heading to the Supreme Court.

It should be noted that as of now now a stay of the decision has not been granted. That means any attempt at enforcing it would be subject to contempt order and none of the provisions have legal effect. While the current position, it is pretty safe to assume a stay will be sought and granted in the near term.

Video embedded below.

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