Liberals are, as expected, pissy over Obamacare unconstitutionality

Heh.  Ezra Klein in the WaPo

District Court Judge Henry E. Hudson, a George W. Bush appointee, has, as expected, ruled the individual mandate unconstitutional. So why are health reformers so unexpectedly pleased?

There are two reasons, but first, let’s put this into context. Hudson’s ruling is the third from a district court so far. Previously, Judge Norman Moon found the mandate constitutional, and so too did Judge George Steeh.

Both of whom were Clinton appointees, who did, as expected, rule in favor of government overreach trampling upon the individual freedoms of American citizens.

He continues:

The real danger to health-care reform is not that the individual mandate will be struck down by the courts. That’d be a problem, but there are a variety of ways to restructure the individual mandate such that it doesn’t penalize anyone for deciding not to do something (which is the core of the conservative’s legal argument against the provision). Here’s one suggestion from Paul Starr, for instance. The danger is that, in striking down the individual mandate, the court would also strike down the rest of the bill. In fact, that’s exactly what the plaintiff has asked Hudson to do.

Um, what?  The bill has no teeth sans mandate.  Klein seemingly does the happy dance over the fact that the judge was asked to strike down the rest of the bill or issue an injunction against it and didn’t.  Ed Morrissey explains why:

Fox News is now reporting that Judge Hudson won’t issue an injunction against the entire ObamaCare law, which means that he’s seeing a de facto severability in it.  Without the mandate, though, the system won’t work at all, which gives Congress a big opening to dismantle the rest.

From your lips to God’s ears, Ed.  (And take that, Ezra Klein.  Dismantle the whole damn thing).  For an explanation of “severability” see this.

More from Jacobson and Althouse

H/t: Memeorandum.

Update: See also Quite Rightly for a concise explanation and video from Greta Van Susteren.

Update: linked at The Daley Gator.  Thanks!

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2 Responses

  1. […] Political Junkie Mom notes that the Libs are kinda, well, PISSY! […]

  2. I hope & pray that they WILL dismantle the whole damned thing! Not only to save us from it’s horrible mandates and the ruination of our medical system, but also so we can watch the chronically libtarded get so pissy that they drown. That alone would be worth the effort. 🙂

    BTW, my Zilla blog has a new URL, please change it in your list or you’ll miss out on new posts:
    http://zillablog.marezilla.com

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