The current version of the federal hate crimes statute is unconstitutional, for the same reason that the Violence Against Women Act was ruled unconstitutional.
As signed by Obama, they got rid of the requirement that hate crimes must be tied to civil rights violations, and added homosexuals as a specially-protected federal class.
Now, the legality of federal hate crimes rest not on the 14th Amendment but rather on the Commerce Clause.
So it is now an attempt to give the federal government power to regulate local crime (while elevating certain types of victims to special status), which is a power not granted to the federal government under the Constitution.
I'm not an attorney, but knowing Obama and Holder, are they somehow connecting this to Obamacare?
Very important point!