Is Health Care Reform Unconstitutional?

David Cole

Can Republicans defeat Obamas health care bill by persuading the courts that mandatory health insurance is unconstitutional? On December 13, 2010, Henry Hudson, a federal judge in Virginia, declared unconstitutional the central provision of the health care reform law. Judge Hudson reasoned that the laws command that citizens purchase health care insurance extended beyond Congresss authority to legislate. It has long been established that Congress may regulate citizens economic activities, such as entering into contracts, producing or purchasing goods and services, or shipping goods across state lines. But it is entirely unprecedented, Judge Hudson said, for Congress to regulate inactivitya failure to buy insurance.


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