In today’s ruling, U.S. District Judge Henry Hudson held that the U.S. Constitution does not give Congress the authority to force all Americans to buy health insurance. That mandate was a key provision of this year’s unprecedented government takeover of the health care system. This decision is expected to be appealed by the U.S. Department of Justice to the Fourth Circuit Court of Appeals. Ultimately, the U.S. Supreme Court will likely weigh in on the issue, especially if different federal courts of appeal disagree on the constitutionality of the individual mandate. The potential circuit split highlights the importance of having health care challenges on the West Coast, such as PJI’s suit, as well as the East Coast.
Brad Dacus, president of Pacific Justice Institute, commented, “Today’s ruling in Virginia confirms what we have been advocating in California, that the massive health care mandate is unconstitutional. This decision will unquestionably bolster our appeal that is currently pending before the Ninth Circuit.”