A Good Day for VA and for America

Today a federal judge in Virginia ruled that a mandate in Obamacare is unconstitutional. Nothing else, mind you, just the mandate that every citizen buy health insurance. This is so straight forward that I find it hard to believe that two other federal judges ruled that this was somehow enumerated in the Constitution, it is not. I have my 'handy' Constitution by my computer. Please read Article I, Section 8, The Congress shall have the power ... "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes..."

Ok, I have a MA in Legal Administration, I'm not a lawyer or an expert in Constitutional Law, but I can't find a credible argument that this mandate is constitutional. The Constitution clearly lays out the enumerated powers for all branches of government. Yes, there is a Commerce Clause that allows Congress to regulate interstate commerce. But this mandate has nothing to do with that. If someone chooses not to participate in any health care plan, guess what? They're not participating in commerce!! Is this so hard to understand??

Oh, and yes there is the argument that in Article I, Section 8, "The Congress shall have the power to lay and collect taxes"... hmmm, Mr. Obama said that the 'penalty' for not buying insurance was not a tax. But yet the government lawyers are using this lame excuse to support their case. Sidebar: federal judges don't decide cases based on whether or not it's a 'feel good' idea, they base their decisions on the law.

One other important issue, if the government loses this case? Guess what... the whole bill will go down in flames. The revenue that they had projected from this 'mandatory' requirement was what was going to support the majority of the cost of this program. With this mandate gone.... the bill will fall like a house of cards.

This WILL end up at the Supreme Court, probably a year from now, and ..... well may the best argument win!!

Cheers!