The United States District Court for the Eastern District of Virginia Monday struck down as unconstitutional the individual mandate in President Obama’s health care takeover scheme, the Patient Protection and Affordable Care Act. The individual mandate is the provision that all individuals without employer provided health insurance purchase health insurance with all of the benefits and provisions as specified by the federal government.
Federal Judge Henry Hudson ruled that the federal government does not have the power to impose such an individual mandate under any of the enumerated powers of The Constitution. However, even though the legislation does not include a severability clause, which traditionally provides that the legislation would remain in force if any of its constituent components is declared invalid, the Judge nevertheless declined to strike down the entire act.
The ACRU filed an amicus curiae brief in this case supporting the state of Virginia and Attorney General Ken Cuccinelli, who filed suit to strike down the health takeover law. ACRU General Counsel Peter Ferrara said, “I predict that the Supreme Court will uphold this decision, except it will strike down the whole law, because even the government has admitted in this litigation that the Obamacare legislation is unworkable without the individual mandate. The ACRU will be filing briefs making this point throughout the appeal process.”