The first in Virginia, on December 13, 2010, Judge Hudson made this ruling:
Every application of Commerce Clause power found to be constitutionally sound by the Supreme Court involved some form of action, transaction, or deed placed in motion by an individual or legal entity," Hudson declared on page 23. "The constitutional viability of the Minimum Essential Coverage Provision in this case turns on whether or not a person's decision to refuse to purchase health care insurance is such an activity."
Hudson explains the precedents involving the Commerce Clause and its requirement that an activity be regulated. But in this case, it is the INACTIVY of people who choose NOT to buy insurance and get penalized for that decision that Hudson deemed to fall outside federal authority. "[T]he Minimum Essential Coverage Provision appears to forge new ground and extends the Commerce Clause powers beyond its current high water mark."
Read more: http://politics.blogs.foxnews.com/2010/12/13/inside-judge-hudsons-health-care-ruling#ixzz1HR8sQZeG
Then in Florida:
Judge Roger Vinson, in Pensacola, Fla., ruled that as a result of the unconstitutionality of the "individual mandate" that requires people to buy insurance, the entire law must be declared void.
"I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one-sixth of the national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute
has been about how Congress chose to exercise that power here," Vinson wrote.
"While the individual mandate was clearly 'necessary and essential' to the act as drafted, it is not 'necessary and essential' to health care reform in general," he continued. "Because the individual mandate is unconstitutional and not severable, the entire act must be declared void."
Read more: http://www.foxnews.com/politics/2011/01/31/judges-ruling-health-care-lawsuit-shift-momentum-coverage-debate/#ixzz1HR7OozPs
In addition to the court rulings, which are in appeal, A Rasmussen poll still shows 53% of Americans are in favor of repealing the law. That is exactly what the 112th House of Representatives did under the new Republican Majority, but that bill was blocked in the Democrat controlled Senate. Additionally, then Speaker Pelosi claim that “will create 4 million jobs — 400,000 jobs almost immediately." has not happened. In fact, the the CBO testified that 800,000 jobs will be lost over the next decade as a result of the law.
Let's not forget that just a few weeks ago, Rep. Bachmann uncovered the $105 Billion already appropriated in the bill. Not to mention all of the waivers that the Obama Administration is issuing has past 1000.
So, no we are not celebrating the one year anniversary of Obamacare and it seems that neither are the liberal Democrats.