Virgina Judge Henry Hudson: Obama Healthcare Unconstitutional

by NowPublic Staff | December 13, 2010 at 10:49 am

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Federal Judge In Virgina Judge, Henry Hudson, Obama Healthcare Unconstitutional

Federal Judge Henry Hudson has ruled that provisions of the Obama healthcare law are unconstitutional.

In finding part of the health law unconstitutional, as Virginia Attorney General Ken Cuccinelli has claimed in a lawsuit filed in March, U.S. District Court Judge Henry Hudson ruled that the insurance mandate represents "an unchecked expansion of congressional power" that would ultimately "invite unbridled exercise of federal police powers."

The ruling by Judge Henry Hudson was being closely watched as it strikes the first legal blow to the healthcare law President Obama signed in March 2010.

What is unusual about the healthcare law being declared unconstitutional is Obamacare has yet to take affect. The new healthcare guarantees are scheduled to roll out in 20114.

the ruling by Hudson, a Republican appointed to the bench by President George W. Bush, strikes the most serious legal blow to the law thus far and moves the case toward an expected showdown in the U.S. Supreme Court, perhaps in 2012.

The core of the state of Virginia's lawsuit is the unprecedented insurance mandate in the new law, which will require most Americans to get health insurance starting in 2014 and penalize those who do not.