Virginia Federal Judge Rules Obamacare Mandate Is Unconstitutional: "Exceeds The Commerce Clause Powers Vested In Congress Under Article I"

U.S. District Judge Henry E. Hudson wrote that no court had expanded the Commerce Clause of the Constitution to allow the government to regulate a person's decision not to buy a product. "At its core, this dispute is not simply about regulating the business of insurance — or crafting a scheme of universal health insurance coverage — it's about an individual's right to choose to participate," Hudson wrote.

"The outcome of this case has significant public policy implications," Hudson wrote. "And the final word will undoubtedly reside with a higher court."

Hudson sided with Virginia Attorney General Kenneth Cuccinelli, who argued the mandate overstepped the bounds of the Constitution.

"The ruling is extremely positive for anyone who believes in the system of Federalism created by our founding fathers," Cuccinelli said. "It underscores that the Constitution's limitations on federal power really do mean something."

Judge Hudson correctly wrote that "[a] thorough survey of pertinent constitutional case law has yielded no reported decisions from any federal appellate courts extending the Commerce Clause or General Welfare Clause to encompass regulation of a person’s decision not to purchase a product, notwithstanding its effect on interstate commerce or role in a global regulatory scheme. The unchecked expansion of congressional power to the limits suggested by the Minimum Essential Coverage Provision would invite unbridled exercise of federal police powers." Tweet