Breaking: Federal Judge rules against parts of health care law

CNN reports :

Washington (CNN) – A federal judge in Virginia has ruled parts of the sweeping health care reform effort led by President Obama to be unconstitutional. This is the first federal court to strike down the law, contradicting other recent rulings the law was permissible. The key issue of contention was the "individual mandate" requirement that most Americans purchase health insurance by 2014.

This ruling was expected to go against the administration as The Wall Street Journal reports:

The ruling by District Judge Henry E. Hudson is perhaps the most significant so far among a slew of state-based legal challenges to the law, which also faces attack by newly resurgent Republicans in Congress. More than 20 federal lawsuits have been filed against the health overhaul since President Barack Obama signed it in March.

While the cases differ somewhat, they largely rest on the argument that Congress lacks constitutional authority to require most Americans to carry health insurance or pay a fee. The Obama administration counters that three clauses of the Constitution gave Congress the power to put the requirement, known as the individual mandate, in the law as part of regulating how people pay for health care.

 (snip)

Supporters of the law are bracing for defeats in Virginia and in Florida. Judges Hudson and Vinson have both shown sympathy to the plaintiffs' arguments and are GOP appointees.

Two other federal judges, in separate lawsuits in Michigan and Virginia, have already ruled in the administration's favor on the individual-mandate question. Those cases, along with the other federal cases challenging the law, have a narrower base of plaintiffs than the suits brought in Florida and before Judge Hudson in Virginia.

Read the  rest for background on  the Virginia case as  well as the case brought in Florida which is likely to garner another ruling against the law later this week.  This is unlikely to stop the health care law in its tracks but it does open up a path to challenge the law in higher courts.  Stay tuned...

UPDATES

From NRO - Eric Cantor calls on Obama and AG Holder to send the case directly to SCOTUS:

“To ensure an expedited process moving forward, I call on President Obama and Attorney General Holder to join Attorney General Cuccinelli in requesting that this case be sent directly to the U.S. Supreme Court.

Though I doubt Obama or his JD will support a fast track to the Supreme Court they would be helping to resolve the uncertainty that will surround the law for the next few years if they heeded Cantor's request.  If they are confident of their position why not resolve the constitutionality question ASAP?

Here is a pdf of the ruling:  Ed Morrissey spots the crux of the judges sentiments in this AP report:

Hudson rejected the government’s argument that it has the power under the Constitution to require individuals to buy health insurance, a provision that was set to take effect in 2014.

“Of course, the same reasoning could apply to transportation, housing or nutritional decisions,” Hudson wrote. “This broad definition of the economic activity subject to congressional regulation lacks logical limitation” and is unsupported by previous legal cases around the Commerce Clause of the Constitution.

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Virginia - Isn't She Pretty in Red?

I am still relishing the New Jersey victory, which, in my estimation, was the Pièce de résistance at the end of the day.  Still, McDonnell's win by a stunning 18 percentage points deserves a standing ovation.

Here are a few counties that mattered:

Albemarle County voted for Obama 59% to 40% McCain in 2008.  Tonight McDonnell won the county with 50.48% to Deeds 49.40%.

Nelson County voted for Obama 54 to 45, yet tonight's results were nearly flipped with McDonnell getting 54% to Deeds 46%.

Buckingham County was a squeaker for Obama where he received 50% to McCain's 49%.  Tonight McDonnell got 63% to Deeds 37%.

Prince Edward County did a complete flip as well.  In 2008 Obama got 54% to McCain's 45% while McDonnell received 54.97% to Deeds' 44.94%.

Sussex County voted 62% for Obama with just 38% for McCain whereas McDonnell won tonight with 53.94% to Deeds' 45.94%

Suffolk County went for Obama 57% to 43% for McCain.  Tonight McDonnell won 58% to Deeds' 42% representing, again, another complete reversal.

Chesapeake went from a squeaker for Obama 51 to 49%.  McDonnell won tonight with 60% to Deeds' 40%

The swing districts nearest Washington; Fairfax, Loudoun and Prince William counties all voted for Obama in 2008 and tonight they swung back for McDonnell in droves.  McDonnell is estimated to have won 65% of the Independent vote according to the exit polls.   In what has to be the most ironic fact of the evening, the White House hosted "The Biggest Loser," tonight.  No, I am not kidding and neither was Jake Tapper:

I was planning a replay of my favorite ad for the occasion.  I am not sure why it has been taken down but not to worry, there is a pretty good substitute available:

Outcome of Virginia and NJ Elections Tied to Health Care

This week's Wall Street Journal Report on Fox, underscores just how significant the upcoming elections in New Jersey and Virginia are in curtailing the Obama legislative agenda. Real Clear Politics average of recent polling data shows Christie with a 3.8 point lead over embattled incumbent John Corzine. Christie's lead has narrowed as the election draws nearer and as you will see from the following clip the White House has invested fully in the Corzine campaign:


Dan Balz reports in today's Washington Post, the race most likely to show a clear referendum on the Obama administration is the Virginia race:

Virginia may be a better barometer of the public mood than New Jersey, given the commonwealth's significance in Obama's election last year and the absence of an incumbent in the race. Although both races are focused largely on state issues, the New Jersey contest has been all about the embattled incumbent.

McDonnell maintains a 7.2 point lead over Creigh Deeds according to Real Clear Politics' average of polling data. Democrats seem willing to pull out all stops to assist the candidacy of Creigh Deeds. Red State reports efforts are underway to undercut the impact of military absentee ballots:

The Virginia State Board of Elections argued in their most recent filing that they have no legal obligation to send out military absentee ballots in a timely manner. Restated, the State of Virginia has argued in a federal court filing that they can legally send out absentee ballots to active duty soldiers the day before an election. Restated again, theDemocratic Chairwoman of the Virginia State Board of Election (appointed by the Democratic National Committee Chair Tim Kaine, in his capacity as Virginia Governor) Jean Cunningham just claimed a legal basis for massively raising the barrier to voting for soldiers at war.

Look for Democrats to pull out all the stops in these two important elections. Their importance to the Obama agenda cannot be overstated. As Kim Strassel noted in the video above, the administration has placed enormous significance on getting health care passed before these two elections take place. With clear majorities in both the House and the Senate, the outcome of these two races may be all that stands between success or failure to pass health care legislation.