that virginia ruling on the health care bill?

Two points worth noting….

(1) TPM: The Virginia federal district court judge (a George W Bush-appointee) who ruled that the individual mandate in the health care bill is unconstitutional owns a stake worth between $15,000 and $50,000 in a GOP political consulting firm that worked against health care reform – the very law against which he ruled.

Henry Hudson

(2) Legal experts are attacking Judge Henry Hudson’s decision, citing an elementary logical flaw at the heart of his opinion. And that has conservative scholars – even ones sympathetic to the idea that the mandate is unconstitutional – prepared to see Hudson’s decision thrown out.

“I’ve had a chance to read Judge Hudson’s opinion, and it seems to me it has a fairly obvious and quite significant error,” writes Orin Kerr, a professor of law at George Washington University, on the generally conservative law blog The Volokh Conspiracy.

Read the details here

The challenge to the health care bill has been taken by Ken Cuccinelli, Virginia’s attorney general – who might just possibly be a ‘birther‘ and homophobe.

Classy guy.

11 Responses to “that virginia ruling on the health care bill?”

  1. 2 geegee
    December 14, 2010 at 1:43 pm

    Thieving, lying crook. We need to start pushing back hard against these criminals–’cause that’s what they are IMHOP!

  2. 3 dotster3
    December 14, 2010 at 2:05 pm

    I don’t understand how this judge could get away with not recusing himself when he clearly has a conflict of interest in this case. “Any Justice, judge ..of the U.S. shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned….when he knows that he has a financial interest in the subject matter…”
    This judge owns a chunk of this consulting firm—estimated $50,000 investment—and has earned up to $108,000 in dividends from the firm in the last few years. And Cuccinelli paid the firm $9000 for 2010 services. All are financially entangled, as usual. The judge is obligated under the law to disqualify himself as his conflict of interest calls into question the fairness and careful consideration of his ruling, to put it mildly.

    • 4 Sue in Minnesota
      December 14, 2010 at 3:58 pm

      I shouldn’t generalize, but IMO Republicans play by their own set of rules. They are exempt from the rules they apply to all others.

      General question, I live in Minnesota, we are required by law to carry auto insurance…….how is that not a mandate? Is it ok on the state level but not on the federal level to enact laws that mandate the purchase of insurance?

  3. 6 Ladyhawke
    December 14, 2010 at 3:09 pm

    Here’s another article that slams the decision.



    (Dec. 13) — Supporters of the Affordable Care Act should take a great deal of comfort from Judge Henry Hudson’s decision today.

    Yes, Judge Hudson did strike down one provision of the landmark health care law, but his opinion is so poorly reasoned, so bereft of legal analysis and so inconsistent with precedent that it has no chance of convincing the Supreme Court to strike down this law. If this is the best that opponents of health reform have to offer, than the act’s supporters have nothing to fear.

  4. 8 Kelly
    December 14, 2010 at 3:59 pm

    Unfreaking believable, reminds me of the judge that ruled against the administration’s ban on drilling in LA, while we were still trying to stop the BP spill. *oy vey* I am sure MSM and the purists progressives are going out their way blame the Pres for this bs.

    • 9 hgerhard
      December 14, 2010 at 4:18 pm

      I don’t think the White House is too concerned about this. The ruling is so obviously without legal basis that it won’t stand a chance of being upheld. This kind of judicial overreach is quite common and does not mean anything.

  5. 10 Eleroy
    December 15, 2010 at 1:58 am

    I wish these people would stop with this nonsense and think of this country for a change.

    • 11 Sue in Minnesota
      December 15, 2010 at 1:53 pm

      They exhaust me with their political gamesmanship, so much wasted time and energy on power struggles and ego satiation.

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