Federal Judge Rules Against Health Reform

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


A federal judge has ruled against the Democrats’ health care law, agreeing with Virginia Attorney General Ken Cuccinelli’s contention that the law’s requirement that Americans purchase health insurance (the so-called “individual mandate”) is unconstitutional.

It’s the first court ruling against Obama’s sweeping health reform law. In his ruling, Henry Hudson, a George W. Bush-appointed district judge, said the individual mandate went beyond the federal government’s authority to regulate interstate commerce under the Constitution. Compelling people to enter a commercial market, Hudson wrote, was tantamount to “invit[ing] unbridled exercise of federal police powers.” He continued: “At its core, this dispute is not simply about regulating the business of insurance—or crafting a scheme of universal health insurance coverage—it’s about an individual’s right to choose to participate.” But the judge also denied Virginia’s request to prevent the entire law from being implemented. Instead, he limited the scope of his ruling to the mandate.

Though the ruling is a significant setback for health reform, it’s only the latest legal development: two other federal courts have ruled in favor of the law, and another ruling is expected this Thursday. All these rulings are precursors to a highly anticipated Supreme Court battle. That fight could determine not only the fate of health reform, but also the political futures of the law’s major supporters and detractors.

For the moment, at least, it’s an unequivocal victory for Ken Cuccinelli, the conservative crusader and grassroots hero who called the challenge to health-care reform “a major priority for the Tea Party in Virginia.”

FOLLOW THE MONEY

Corporations and billionaires don’t fund journalism like ours that exists to shake things up. Instead, support from readers allows Mother Jones to call it like it is without fear, favor, or false equivalence.

And right now, a longtime friend of Mother Jones has pledged an incredibly generous gift to inspire—and double—giving from online readers. That's huge! Because you can see that our fall fundraising drive is well behind the $325,000 we need to raise. So if you agree that in-depth, fiercely independent journalism matters right now, please support our work and help us raise the money it takes to keep Mother Jones charging hard. Your gift, and all online donations up to $94,000 total, will be matched and go twice as far—but only until the November 9 deadline.

$400,000 to go: Please help us pick up the pace!

payment methods

FOLLOW THE MONEY

Corporations and billionaires don’t fund journalism like ours that exists to shake things up. Instead, support from readers allows Mother Jones to call it like it is without fear, favor, or false equivalence.

And right now, a longtime friend of Mother Jones has pledged an incredibly generous gift to inspire—and double—giving from online readers. That's huge! Because you can see that our fall fundraising drive is well behind the $325,000 we need to raise. So if you agree that in-depth, fiercely independent journalism matters right now, please support our work and help us raise the money it takes to keep Mother Jones charging hard. Your gift, and all online donations up $94,000 total, will be matched and go twice as far—but only until the November 9 deadline.

$400,000 to go: Please help us pick up the pace!

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate