In response to a lawsuit filed by Virginia Attorney General Ken Cuccinelli, federal judge Henry Hudson declared a key enforcement mechanism of the Affordable Care Act (ACA) an unconstitutional expansion of Congress’ regulatory powers under the Commerce Clause. Hudson’s 42-page opinion was filed today in Richmond. [Read it here in PDF.]
In his ruling, Hudson wrote that the ACA’s Minimum Essential Coverage Provision (MECP) would "compel an individual to involuntarily enter the stream of commerce," and exceed Congress’ Commerce Clause powers in doing so. Hudson also opined that the MECP is not "a bona fide revenue raising measure"; rather, he claimed it is a penalty without adequate grounding in the Commerce Clause or General Welfare Clause.
Hudson referenced the case’s "significant public policy implications," and concluded that "the final word will undoubtedly reside with a higher court." That said, why not share your thoughts on Hudson’s decision? Place a few penultimate words in the comments section below, readers!
According to the New York Times, "the Justice Department…is also considering whether to appeal Judge Hudson’s ruling to the Fourth Circuit, which hears cases from Virginia and four other states." Taken with an appealed ruling in Lynchburg that upheld the ACA, an appeal of Hudson’s judgment would give the Fourth Circuit "opposite rulings handed down over two weeks in courthouses situated only 116 miles apart," writes Kevin Sack for the Times.
Former U.S. Senator and Virginia Governor George Allen commended Hudson "for his sound, Constitutionally-based decision," and offered his thanks to Cuccinelli "for defending liberty against federal usurpation and dictates." With many speculating that Allen, a Republican, will challenge Democratic Senator Jim Webb in 2012, Allen also took the opportunity to use Hudson’s ruling as a critique of Webb.
The ruling, according to a press release from Allen, "is a reminder that Senator Jim Webb ignored the views and values of the people of Virginia with his many votes, including the one for Senate passage last Christmas eve, for this unfair, harmful, unconstitutional federal government takeover of health care and its odious mandates."
