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Another Legal Defeat for Obamacare!

Another Legal Defeat for Obamacare!

Posted on January 31, 2011 by Dan Mitchell

I refuse to allow myself to get too excited about the chances of Obamacare ultimately being declared unconstitutional, but I’m definitely semi-psyched that this horrid law has been declared void by another federal judge. Here’s what the Washington Examiner has to say.

The full text of the decision from Federal Judge Roger Vinson is not available yet, but according to reporters who’ve seen the decision, he’s ruled the entire Patient Protection and Affordable Care Act unconstitutional. The ruling favors of the 26 state attorney generals challenging the law. The judge ruled the individual mandate that requires all Americans to purchase health insurance invalid and, according to the decision, “because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.”

By the way, my skepticism has nothing to do with the legal merits. I have no doubt that our Founding Fathers would be horrified by much of what happens in Washington, and there is no doubt in my mind that Obamacare is wildly inconsistent with the original intent of the Constitution.

But the courts have done such a lousy job of protecting economic liberty ever since the 1930s and 1940s that I’m afraid some appeals court will give Obamacare a free pass.

But, at least for today, let’s celebrate.


Constitution government-run healthcare Obamacare
January 31, 2011
Dan Mitchell

Dan Mitchell

Dan Mitchell is co-founder of the Center for Freedom and Prosperity and Chairman of the Board. He is an expert in international tax competition and supply-side tax policy.

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