The Corner

Obamacare: Untenable & Unconstitutional

U.S. District Court Judge Henry Hudson from the Eastern District of Virginia is at the center of major national news today following his important ruling that the central tenet of Obamacare is unconstitutional.

Count me among those not the least bit surprised by the ruling.

Judge Hudson’s ruling exposes an unavoidable fact about Obamacare: The individual mandate — the very backbone of the law — violates the Constitution and the free-market principles this country was founded on.

After a broad cross-section of the American public rejected Obamacare, now the American legal system is rejecting its constitutional basis. President Obama should instruct Attorney General Eric Holder to request that the case be sent directly to the Supreme Court so that Americans — especially job creators — can be spared years of litigation at a time of great uncertainty.

To be sure, it’s not just its lack of constitutionality that makes Obamacare untenable.

Since it was signed into law, each day has revealed a story of new and higher costs for American businesses, doctors, and families. The so-called cost argument — a central selling point during the lengthy health-care debate — continues to be thoroughly and repeatedly discredited.

So if you’re keeping score at home, three key pillars of Obamacare have crumbled mightily: the support of the American public, the cost argument, and now its constitutionality.

When something isn’t working, there is never any shame in starting over. The majority of Americans are asking that we start over on health-care reform, and that is why the new Republican House in January will pass a clean repeal of Obamacare.

 – Eric Cantor, a Republican from Virginia, will be House majority leader in the 112th Congress.


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