A judge throws out significant aspect of Obama’s health care plan.
A federal judge rules that a key provision of the federal health care law — known as the individual mandate — violates the US Constitution. Judge Henry E. Hudson says it’s unconstitutional to require every American to carry insurance by 2014 or pay a penalty.
White House press secretary Robert Gibbs disagrees with the ruling. He says this feature is fundamental in supporting patients with preexisting conditions.
Wisconsin Attorney General J.B. Van Hollen applauds the US District Court for putting the Constitution first. The Court and Van Hollen agree that Congress has exceeded its Commerce Clause powers by passing a law forcing individuals either to purchase a commodity, or face a penalty.
Gibbs is not worried about this decision. “We’re confident it is constitutional and, quite frankly, of the three courts that have rendered decisions on this question, two have ruled in our favor.”
This case is one of many challenging the health care overhaul, and will likely be decided by the US Supreme Court. Van Hollen says he looks forward to getting authorization from incoming Governor Scott Walker to allow Wisconsin to join other lawsuits against the “federal government’s unconstitutional overreach.”