Federal Judge: Obamacare “Individual Mandate” = Unconstitutional
A Federal Judge in Virginia has ruled that the individual mandate portion of President Obama’s health care reform law is unconstitutional. From a note on page 36 of the decision:
If allowed to stand as a tax, the Minimum Essential Coverage Provision would be the only tax in U.S. history to be levied directly on individuals for their failure to affirmatively engage in activity mandated by the government not specifically delineated in the Constitution.
The judge also expects his decision to be appealed to the U.S. Supreme Court. The White House has acknowledged that the individual mandate is “not severable” from the rest of the law. In short, without the individual mandate, the health care law as it is constituted can’t work.