Lost in Egypt - ObamaCare Ruled Unconstitutional
The biggest story in America Monday was, of course, the ruling in federal court that ObamaCare is unconstitutional. The first mention of the decision came at the 24 minute mark of the NBC Nightly News - it was given 18 seconds of coverage.
The judge declined to immediately enjoin, or suspend, the law pending appeals, a process that could take two years. But he wrote that the federal government should adhere to his declaratory judgment as the functional equivalent of an injunction. That left confusion about how the ruling might be interpreted in the 26 states that are parties to the legal challenge.
Particulary shocking was the judge's ruling that the individual mandate was so essential to the law that his ruling invalidated the whole of ObamaCare!
“If Congress can penalize a passive individual for failing to engage in commerce, the enumeration of powers in the Constitution would have been in vain,” Judge Vinson wrote.
In a silver lining for the Obama administration, the judge rejected a second claim that the new law violates state sovereignty by requiring states to pay for a fractional share of a Medicaid expansion that is scheduled for 2014.
Judge Vinson, the first judge to address that question, dismissed the contention that states were being illegally coerced by the federal government. He said they always have the option, however impractical, to withdraw from Medicaid, a joint state and federal insurance program for those with low-incomes.
The Supreme Court will eventually hear the case, and let the law stand, I suspect. But if the story gets reported enough for average Americans to become aware, they'll have a chance to understand just how committed this government is to upending the Constitution.