Da Judge Say “NObamaCare!”

Posted December 13th, 2010 by Iron Mike

What are the chances that the judge would be named Henry E. Hudson?  What are the chances that he was the same judge who presided over the Michael Vick dog fighting case? What are the chances that he would stand up to the Pelosi Congress and the New MEssiah? 

He is, he is, and he did!  In a 42 page ruling he said two key things:

On ObamaCare:

  1.  That the part of the law mandating individuals to buy health insurance is an UNCONSTITUTIONAL expansion of the Commerce clause, and

  2.  The provision that failing to buy said insurance would cause them to be penalized by a special tax was NOT supported by Congress’s power to regulate interstate trade.

Judge Hudson pointed out that Obama and  the Congressmen who’d passed the bill had been careful to tell Americans that it WASN’T a TAX,  but then in oral arguments before his bench, the government’s lawyers admitted that it IS a tax.  

This is a victory for individual citizens, for states, and for those of us who still believe in limited government carefully confined to what’s actually in the Constitution.

It is a smoking and public defeat for Pelosi, Reid, and Obama.  We’ve just had our Christmas present.  It’s just 106 miles from Capital Hill to the Federal Courthouse in Richmond, where newly elected Republican Attorney General Ken Cuccinelli II made challenging ObamaCare his first priority – filing his lawsuit against it even as Obama’s ink was drying on the bill.  Way to GO Ken!  Nice job!

Of course it’s not over.  There are at least a dozen lawsuits from a dozen state AGs in the works, and many more from private citizens.  They will all wind their way through the courts for a year – finally reaching Big John Roberts and the Supremes.  It will likely happen in 2012 – the general election year.  But like that first shot on the Lexington Green – Judge Hudson has fired his first shot to reclaim constitutional sovereignty over our run-amok government.

Thank you Your Honor, – may we have another please?

   /s/  Iron Mike
   Old Soldier, – Still Good for Parts!

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