Monday, December 13, 2010

U.S. District Court Judge Henry E. Hudson Strikes Down ObamaCare

Actually, just a part of ObamaCare.

R.S. McCain has the story, and also lots of stuff at Memeorandum. I'm reading through the debate, but Josh Marshall's shock is ticklish:
A year ago, no one took seriously the idea that a federal health care mandate was unconstitutional. And the idea that buying health care coverage does not amount to "economic activity" seems preposterous on its face. But the decision that just came down from the federal judgment in Virginia -- that the federal health care mandate is unconstitutional -- is an example that decades of Republicans packing the federal judiciary with activist judges has finally paid off.
Well, it's still a pretty close balance at The Supremes, so let's hold off a bit on all of this while the appeals process works itself out. That could take a while, but the political wheels continue to turn. (And no doubt Jimmy Carter is smiling somewhere.)

Added: Check Doug Ross on Josh Marshall, "Idiot Blogger: No One Took ObamaCare Constitutionality Question Seriously, Except for 20 State Attorneys General and Hundreds of Scholars."