Filed under: News, Politics, President Obama, Health Care Debate
President Barack Obama's signature achievement in his fledgling administration has been the immense healthcare law designed to eventually insure that every American citizen has access to affordable healthcare. Republicans have long questioned the constitutionality of the law, and promised not to rest until it is completely repealed.
Today, United States District Judge Henry E. Hudson brought them closer to accomplishing that goal.
Striking down the law which had previously been upheld in Virginia and Michigan, Hudson is the first federal judge to declare that the Obama administration was being intrusive and overstepping their boundaries when mandating that all citizens purchase insurance policies.
Hudson, a Republican who was appointed by former President George W. Bush, stood solidly behind Virginian Republican Attorney General Kenneth Cuccinelli's administration who has brought a lawsuit against the administration for being unconstitutional.
Cuccinelli argued that while the government can regulate economic activity that substantially affects interstate commerce, the decision not to buy insurance amounts to economic inactivity that is beyond the government's reach.
The Justice Department repudiates that claim, saying the mandate is a proper exercise of the government's authority under the Commerce Clause.
Administration officials told reporters last week that a negative ruling would have virtually no impact on the law's implementation, noting that its two major provisions - the coverage mandate and the creation of new insurance markets - don't take effect until 2014.
Rep. Scott Garett (R-NJ), is celebrating along with his colleagues, voicing his hope that this is "the end of Obamacare."
"I think you have to pull it out by the roots and start over from scratch. It is not a tweakable bill. And from a legal point of view, if the Supreme Court were to strike to down the unconstitutional mandate provision, because that section is so tied to the rest of the bill, the whole measure should be struck down. The rest of the thing will fall under its own weight."
Rep. Mike Conroy (R-TX) is also enthusiastic. Claiming that this is only the beginning of getting America back on track:
"The Constitution does that not demand that you or I buy anything. The impact it will have on Obamacare is probably catastrophic. The whole house of cards was built on the insurance companies. And you can't run an insurance model that allows people not to have insurance. Should this ruling be sustained by the Supreme Court it has a huge impact."
In the wake of Speaker-in-Waiting, John Boehner, saying on 60 Minutes that he "rejects the word 'compromise', Obama would do well to take notes.
The GOP means business. They are out to undermine him at every turn, make him appear as weak as he allows them to, as inconsequential as possible, while methodically exerting mind control over an American public already weary of Obama flip-flopping on the campaign issues that got him elected. This latest development will leave weary progressives wondering how far Obama will compromise on the signature legislation.
While it is obvious that the Republicans aim is to eradicate any government intervention that stands to benefit anyone making under $250,000 annually, if the Democrats don't start to stand firm for something, the American people will fall for anything.
As Keith Olbermann said on Countdown, If President Obama doesn't regain his momentum in the face of the full frontal GOP assault, getting re-elected is the least of his worries.
He'll be lucky if he's re-nominated.