Obamacare

Obama-care suffered a major setback this week when a Virginia court ruled that the law’s lynchpin, that the Americans purchase insurance, or pay a penalty, is unconstitutional.

A federal district court judge, Henry Hudson, declared that the so-called individual mandate exceeds the authority granted to Congress under the Commerce Clause. The Virginia ruling the same week as another legal challenge gets underway in Florida. More than 20 state attorneys general are suing in federal court there, where oral arguments were heard on Thursday.

Attorney David Rivkin is the legal counsel in the suit and said in an interview with Fox New’s Paul Gibot, that this ruling is very significant that the Virginia judge struck down this individual mandate.

“It’s a good opinion. And it certainly demonstrates that more than one federal court finds heart of this law, the individual mandate, to be constitutionally objectionable. There are issues and opinion that it’s not as broad as we would have liked, namely, it only, Paul, strikes down the individual mandate and not the rest of the statute. And it does not provide for injunctive relief. It basically provides for declaratory judgment that the act is unconstitutional. But it’s a good start.”

This ruling almost guarantees that the case will end up in front of the Supreme Court

Rivkin says that this case goes beyond the health care debate:

“This is beyond the health care. The fundamental question is this, can the federal government exercise general police power, namely, take individuals not engaged in commerce or engaged in economic activities and compel them to do so. This is quintessentially a police power, that’s what states can do.”

Rivkin of course represents one side of the argument and Fox News is not known for its ability to present both sides fairly. The debate over Obama-care is beyond a debate of health care because there are many different interests involved and emotions are high even in the House. In such a complicated process, the arguments, court cases, general angst, will continue simply because it has to. The lack of proper health care in America is obvious but the solution to the problem is not and will take time to figure out. President Obama has embarked the country on the journey and it will be a bumpy ride, but a ride nonetheless worth taking.