Tuesday, December 14, 2010

Obamacare’s Individual Mandate Exceeds Congress’ Commerce Clause Power


My initial impression is that, while this ruling will widely be viewed as a victory for opponents of Obamacare, there are some potential problems with the opinion that may result in this opinion being a net loss down the road (where it will inevitably be decided by the Supreme Court in any case).

To begin with, Judge Hudson specifically refused to enjoin the Act’s enforcement pending appeal (a decision which will likely not be revisited by the Fourth Circuit whenever they get around to hearing the appeals). More importantly, Judge Hudson - improperly, in my view - severed the individual mandate from the Act as a whole.  If that decision stands, it could well result in the wholesale destruction of private health insurance companies in the United States. It is also worth noting that this lawsuit did not address the potential capitation problems being litigated in the Florida lawsuit.

Posted via email from The Blue Pelican

No comments: