PrintDecember 16, 2010
The ObamaCare Ruling Time Bomb
The recent ruling on the Patient Protection and Affordability Act (ACA) could be very bad news for the insurance industry and opponents of single-payer government health care. Earlier this week, United States District Judge Henry E. Hudson ruled that the Minimum Essential Coverage Provision contained in Section 1501 of ACA which levies a penalty against taxpayers who do not comply with the health insurance mandate is unconstitutional because it "exceeds the congressional boundaries of congressional powers." The court's key consideration was "whether or not Congress has the power to regulate -- and tax -- a citizen's decision not participate in interstate commerce." Previous expansionary rulings of the Commerce or Tax Clauses addressed only voluntary economic activity that directly or incidentally affect interstate commerce. These two clauses have never been extended "to include the regulation of a person's decision not to buy a...(Read Full Article)
