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The lawsuit was filed by Virginia State Attorney General Kenneth Cuccinelli, a conservative Republican,[link widoczny dla zalogowanych], who demanded that the law violated the intent of the Constitution. "The ruling is extremely positive for anyone who believes in the system of Federalism built by our founding fathers,[link widoczny dla zalogowanych],[link widoczny dla zalogowanych]," Cuccinelli said. "It underscores that the Constitution's limitations on federal power truly do average something."
"An individual's private decision to buy -- or decline to buy -- health insurance from a personal provider is beyond the historical approach of the Commerce Clause," wrote Hudson, a 2002 appointee of President George W. Bush.
"This broad definition of economy play subject to congressional norm absences rational constraint," he persisted,[link widoczny dla zalogowanych], saying it "exceeds the constitutional boundaries of congressional power."
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The law's polemical provision was proposed to send extra youth and healthy people into the healthcare system, who often don't purchase insurance for their health is generally better than older people and those with preexisting conditions. Lawmakers trust that requiring those people to purchase the insurance will make it cheaper, and possible,[link widoczny dla zalogowanych], because those with therapeutic issues to purchase their insurance. The new law prohibits insurance companies from refusing insurance to anyone because of pre-existing conditions.
In the ruling published on Monday,[link widoczny dla zalogowanych], U.S. District Judge Henry Hudson base the so-called "individual mandate" provision to be unconstitutional, and that the federal administration overstepped its administration in forcing people apt get health insurance at 2014. Those who fail to comply with the fashionable law ambition be fined.
Critics of the ruling swiftly charged that Hudson had a conflict of interest, deserving to his uncovered stock ownership in Campaign Solutions, a Republican public relations and communications fixed. The corporation lists for its consumers some of the maximum vocal antagonists of the law.
Federal judge darts out opener ObamaCare provision
Finding a key provision in the new healthcare law unconstitutional, a federal judge in Virginia has ruled that the government cannot require Americans to purchase health insurance. The ruling makes it promising that the law will bring an end to ... in the Supreme Court, with a final ruling around the time of the 2012 co-optation.
Legal experts are divided on the issue of whether the law will be struck down by the Supreme Court.? Even in the tribunal system, the partisan ecology of the war is evident. Two additional federal judges,[link widoczny dla zalogowanych],[link widoczny dla zalogowanych], Democratic appointees, have yet ruled that the mandatory insurance prerequisite is constitutional.