ObamaCare Held Unconstitutional: The Brilliant Decision

Pajamas Media ^ | February 1, 2011 | Dan Miller

[DanMiller]

The immediate impact of the decision is somewhat up in the air. The decision of a federal district court judge has little immediate impact outside his district; that of a court of appeals panel has little immediate impact outside the circuit. Here, the situation is more complicated because 26 states, all but Florida outside Judge Vinson's district, were parties plaintiff.

Judge Hudson, in the December 2010 Virginia case, claimed to put reliance on the obligation of the government to honor his decision that the mandatory insurance provision was unconstitutional; it does not seem to have done that.

The government has been rather ambiguous as to its intentions. First, there were statements that application of ObamaCare would proceed apace. Now, the government seems to be considering asking for a stay of the decision; unless it intends to comply absent a stay, a stay request would appear to be frivolous.

The decision was released only yesterday, and it takes time to get one's ducks in a row. I suspect that we will hear more later this week or next.