Health care ruling: Could it be a victory for Obama?
A federal judge in Virginia says a key part of Obama's health care reform is unconstitutional. So why aren't reformers more upset?
A federal judge in Virginia struck down a key element in President Obama's health care overhaul on Monday, throwing into doubt the viability of the "individual mandate." Judge Henry Hudson, a Bush appointee, said that forcing individuals to buy coverage is an unconstitutional overreach of Congress' power, but he will let the law stay in effect while his ruling is appealed. Two other federal judges previously upheld the law, which will presumably make its way to the Supreme Court for an ultimate decision. How big a setback is this for Obama's signature domestic achievement? (Watch Robert Gibbs discuss the ruling)
The ruling advances the case for repeal: Democrats "assumed" that once "they rammed Obamacare down our throats in spite of the bill's well-known unpopularity," everyone would just move on, says John Hinderaker at PowerLine. That hasn't happened. The idea of having the law repealed is gaining popular support, and court decisions like this "add fuel to the pro-repeal fire."
"ObamaCare ruled unconstitutional"
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
This could be a win for liberals: That's just wishful thinking, says Ezra Klein in The Washington Post. The mandate in question can pretty easily be modified as needed, and health reformers are "unexpectedly pleased" that Hudson left the rest of the law alone. Besides, Klein adds, does the GOP really want to kill the mandate? After all, it's "one of very few ways to have a health-care system where everyone has coverage but private insurers dominate."
"Is the Hudson ruling good news for health reform?"
The ruling is a symbolic coup: The "partisan judicial split" between Hudson and the two Clinton-appointed judges who've upheld the mandate, says Dahlia Lithwick in Slate, shows "this is not really a constitutional debate; it's about policy preferences." And when it makes it to the Supreme Court, it will be decided by swing Justice Anthony Kennedy. But the conservatives' argument was once dismissed as "fanciful," and its validation in federal court is a big "symbolic triumph."
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
Ultimate pasta alla NormaThe Week Recommends White miso and eggplant enrich the flavour of this classic pasta dish
-
Death in Minneapolis: a shooting dividing the USIn the Spotlight Federal response to Renee Good’s shooting suggest priority is ‘vilifying Trump’s perceived enemies rather than informing the public’
-
5 hilariously chilling cartoons about Trump’s plan to invade GreenlandCartoons Artists take on misdirection, the need for Greenland, and more
-
The billionaires’ wealth tax: a catastrophe for California?Talking Point Peter Thiel and Larry Page preparing to change state residency
-
Bari Weiss’ ‘60 Minutes’ scandal is about more than one reportIN THE SPOTLIGHT By blocking an approved segment on a controversial prison holding US deportees in El Salvador, the editor-in-chief of CBS News has become the main story
-
Has Zohran Mamdani shown the Democrats how to win again?Today’s Big Question New York City mayoral election touted as victory for left-wing populists but moderate centrist wins elsewhere present more complex path for Democratic Party
-
Millions turn out for anti-Trump ‘No Kings’ ralliesSpeed Read An estimated 7 million people participated, 2 million more than at the first ‘No Kings’ protest in June
-
Ghislaine Maxwell: angling for a Trump pardonTalking Point Convicted sex trafficker's testimony could shed new light on president's links to Jeffrey Epstein
-
The last words and final moments of 40 presidentsThe Explainer Some are eloquent quotes worthy of the holders of the highest office in the nation, and others... aren't
-
The JFK files: the truth at last?In The Spotlight More than 64,000 previously classified documents relating the 1963 assassination of John F. Kennedy have been released by the Trump administration
-
'Seriously, not literally': how should the world take Donald Trump?Today's big question White House rhetoric and reality look likely to become increasingly blurred