Ah, history has a way of repeating itself, yes? As we saw in its endless lobbying and eventual vote tally earlier this year, the sweeping health care overhaul has boiled down to a good, old-fashioned political fight with both Republicans and Democrats drawing an unwavering line in the sand.
The first shot across the bow to hit its target occurred yesterday when Henry E. Hudson, a Republican judicial appointee, ruled a crucial piece of the legislation requiring individuals to purchase health insurance is unconstitutional. The lawsuit, which was filed by Virginia Attorney General Ken Cuccinelli, also a Republican, marks the first judge to rule against any part of the sweeping health care legislation and advances the case one step closer to a Supreme Court hearing.
In his ruling, Hudson cited the Commerce Clause, finding the legislation went beyond the regulatory authority granted under the clause.
“An individual’s personal decision to purchase–or decline to purchase–health insurance from a private provider is beyond the historical reach of the Commerce Clause,” Hudson says.