January 31, 2011

Individual Mandate Unconstitutional

We were assured that objections to the constitutionality of the individual mandate were frivolous. Judge Vinson found them quite convincing, especially the objection that if the individual mandate is not limited by the Constitution, then damn near nothing is. He found the individual mandate unconstitutional.

With prejudice.

In subsequently dealing with the issue of severability, Vinson wholly accepted the government's oft-repeated assertion that the individual mandate was inextricably integral to the entire bill, and accordingly struck down ObamaCare in its entirety, saying it was not the function of the judiciary to re-write legislation when it failed to pass judicial review. That, he said, remains the job of Congress.

Hoist with their own petard.

Vinson's Summary Judgement decision can be read HERE.

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