December 13th, 2010
04:14 PM ET

Is Pres. Obama's health care law history?

FROM CNN's Jack Cafferty:

President Obama's signature health care reform law may soon be on life support.
[cnn-photo-caption image=http://i2.cdn.turner.com/cnn/2010/images/12/13/art.obamacare.jpg caption="A man protested health care legislation at a Tea Party protest last month."]
In a stunning blow to the administration, a Virginia federal judge has ruled today that a key part of the law - the "individual mandate" - is unconstitutional.

The judge says an individual's decision to buy health insurance is "beyond the historical reach of the U.S. Constitution."

This ruling will likely set the stage for a drawn-out legal battle that could wind up in the Supreme Court. And at the end of the day, if the government can't force people to buy insurance, they are pretty much left with an empty sack.

Critics, who call the law "Obamacare," claim it's a form of socialized medicine. They say it will only result in bloated government bureaucracy, higher taxes and worse health care. About two dozen challenges have been filed in federal courts around the country.

Meanwhile, Politics Daily reports the hot-button issue for Republicans next year will be the health care law.

The incoming speaker of the House, John Boehner, has pledged to repeal and replace it. Republican lawmakers in 40 states have introduced bills to block all or part of the federal law; and Republican governors are also resisting implementing the law in their states.

But some warn Republicans could make the same mistake Democrats did in making health care their top priority instead of the economy and jobs. Also, in their push to repeal it, Republicans risk alienating independents and moderates who may like certain parts of the law.

Here’s my question to you: Is President Obama's health care law history?

Interested to know which ones made it on air?

Steve in Florida writes:
This whole debate is ludicrous. We could insure every man, woman and child in the country for half of what we pay now. All this malarkey we hear 24/7 about "socialism" and "death panels" is about one thing and one thing only: The health care industry has a golden goose by the tail feathers and has an army of lobbyists making sure it stays that way with the help of their very own political party, the GOP, as well as a nice comfy grip on the Supreme Court. What a disgusting and traitorous bunch of criminals sit in our hallowed halls. Health care should not be a commodity. Period.

Bonnie in New Jersey writes:
I hope not. The law is not perfect but the concept is pretty good. The Democrats should have had a backbone and left in the public option, but the idea that all Americans should have health care is a good one.

David in Seattle writes:
Not in the slightest. Obama will run this country into the ground while enjoying the accoutrements of power as he plays the blame game, as if someone else is responsible for his bad decisions.

Dave in Orlando writes:
It is history, if but a footnote. It signifies only that in an effort to pass a health care bill, any health care bill, just so he can say he did it, Obama squandered two years. All the while, jobs and the economy went into the toilet… All he had to do to eliminate all the constitutional issues being raised now would have been to keep the "public option." That way we would have joined the rest of the civilized world which cares for all their citizens. He is the only Democrat that can make Mother Moose look like a viable choice.

Paul in Florida writes:
Obamacare is not just about taking two aspirins and calling in the morning. It's 2,700 pages of lost liberties, except for crony opt-outs, at the whim of bureaucrats. The mandatory purchase of insurance is just the tip of the iceberg. As it is said, 'The devil is in the details'.

Edwin writes:
If we can't be forced to buy health insurance, why am I forced to buy car insurance?

Filed under: Health care • President Barack Obama
soundoff (231 Responses)
  1. Don (Ottawa)

    Maybe! But this is what you get when you get when you compromise with people whose only objective is to bring you down.

    December 13, 2010 at 1:34 pm |
  2. Paul P.

    I certainly hope not. But speaking as a Canadian Jack, I am confused. I assume mostly conservatives are the ones applauding this one ruling that says mandatory coverage is unconstitutional, yet everyone is already currently paying for the uninsured through higher insurance premiums. I thought conservative principles want people paying their own way? No wonder you guys can't get anything done...you're all over the map.

    December 13, 2010 at 1:39 pm |
  3. Brian

    The law would have been historic had it not been so heavily watered down. Maybe if Obama had pushed for a single-payer system similar to what Canada has, then perhaps it would have been historic. The law just simply does not go far enough. Republicans and the insurance companies got enough concessions into the bill to mute its overall impact.

    Akron, ohio

    December 13, 2010 at 1:40 pm |
  4. Jane (Minnesota)

    I hope not. What all the political grandstanders fail to recognize is the health care industry is becoming too large a part of the GDP and continues to increase. Just like the real estate industry – growth like it's had can't be sustained – at some point no one will be able to afford health care except the very wealthy 1 or 2%. When their industry craters as did the big banks, Wall Street – Big Health Care will feel they are entitled to be bailed out by the same units they are currently gauging – the taxpayers.

    I maintain that healthcare should not be a for profit industry, Jack it's as simple as that.

    December 13, 2010 at 1:40 pm |
  5. Rick McDaniel

    Not yet......but it going to have to reviewed by the Supreme Court, for constitutionality, and it has a good chance of being struck down, as it should be.

    Some of us, always knew it wasn't constitutional.

    December 13, 2010 at 1:49 pm |
  6. Ed from California

    I sure hope not. If buying insurance is unconstitutional, then why do we have to buy auto insurance, homeowners insurance, why buy any insurance as a condition of having a drivers license.?

    Then we as a nation don't have to pay for any medical procedures at all. It's all free! Thank you federal Judge!

    And that frees up our supplying our federal "royalty' with any benefits at all. Because it's unconstitutional. Where in the constitution does it say, that we have to supply any federal employee with benefits?

    December 13, 2010 at 1:53 pm |
  7. Joanne Buck

    We think so. Mr. Obama is not "omnipotent and all knowing" and someone needs to inform him of same.
    Obama and his Dem Congress told the world the Mandate had a fine/penalty (and so we read this and is in fact that is how the so called law reads)..then then proceeded into court and said "no it is a tax". Do they appear to be slick, perhaps not honest? Perhaps against the wall as the Mandate is not constitutional? We think so.
    The preexisting condtions, the disabled, etc. can be taken care of without turning it into a 2-3 Billion Dollar debt.
    Obama and his group used 10 yrs of taxes for 6 yrs of coverage to try and fool Americans into thinking it was deficit neutral. Americans are much more intelligent than what they think. 222 larger companies have been given waivers thus far and it appears this Healthcare is unraveling on its own.

    December 13, 2010 at 1:57 pm |
  8. AB

    Regardless of how the federal courts rule on the Obama healthcare law, America will eventually have healthcare reform and all Americans will have equitable access to healthcare. A single payer bill is waiting in the wings to be passed into law by a Democratic Majority in the Senate, House and the White in 2012.

    December 13, 2010 at 1:58 pm |
  9. John from Alabama

    Jack: The health care reform act will go down in history as a historical piece of legislation, or it will be repealed and the only winner will be health insurance companies. I believe it will give coverage to over 31 million people, and do away with preexisting conditions, allow young people to stay on their parents insurance until age 26, if your premiums are paid you can not be cancelled, and there is know dollar limit over the life of the individual per policy. I think ii makes the history books as a great piece of legislation.

    December 13, 2010 at 1:59 pm |
  10. MnProud

    I sure hope so! The Admin says it is just like having to have Auto Insurance, but that is not true at all! I am not forced to have auto! I suppose with this Admin we will be forced to buy Government selected "Green" autos next!

    December 13, 2010 at 2:04 pm |
  11. MnProud from St. Paul

    Also Jack,
    Auto Insurance is a competitive maket where we have choices all over the country to pick from, and if we move to another state we keep it. The states only allow us to pick between 2 -3 selected Health Insurance companies the state chooses and there is no competition to make it cheaper. Plus, we move and then no health care any longer!

    December 13, 2010 at 2:09 pm |
  12. Gary H. Boyd

    If it isn't it should be. The federal government cannot require citizens to have health insurance any more than they can require them to have car insurance. States are the ones to require car insurance as a condition of getting a driver's license. After all, driving is a privilege that comes with requirements and states have the right to impose them. Not so with health insurance which is entirely optional. The feds have clearly soiled themselves with this one Jack and the smell is ugly.

    Gary in Scottsdale, Arizona

    December 13, 2010 at 2:09 pm |
  13. Chas of Oregon

    We citizens of the USA must not allow the push for health care reform to be tabled via one court's opinion. Health care costs are spiraling out of control, impacting this nation's ability to function and compete on the global stage. Look at the costs of doctor office visits, the costs of prescription drugs and the cost of prescribed appliances [cervical collars, wheelchairs etc]. Is this having an effect on our economy? Looks like certain C.E.O.S and their fans are making a lot of money off us citizens of the USA! Yet, it is not so in many other countries.... Canadians are resenting the Republicans' lies about their excellent, not perfect, health care system. Many countries, like Cuba for instance, have better infant mortality rates. Our rates of obesity, diabetes, cancer and heart disease are among the worst on the planet. Is it any wonder that the USA's per capita consumption of anti-depressants is second only to Israel's? Does the government of Israel have control over the cost of medications? The need for instruction in preventive health care is obvious, but our schools can barely afford to teach math, given all the cutbacks in their budgets. Michele Obama and the Pentagon are speaking clearly about obesity– many of those who volunteer are unfit for duty, so much so that the military cannot satisfactorily meet its personnel needs. Many Americans are aware of this. The Democrats and the Republicans who claim to be Patriots had better craft a health care reform bill that will pass court scrutiny and, most importantly, put our nation's health on the path to recovery.

    December 13, 2010 at 2:16 pm |
  14. Gary H. Boyd

    My impression is - NOT VERY. The guy talks a good game but it's all blow and no go. $14 trillion is obscene. He's got us on the road to the poor house Jack. America's enemy is in Washington.

    Gary in Scottsdale, Arizona

    December 13, 2010 at 2:16 pm |
  15. Bradley, Portland, OR

    Mandatory insurance is the only way banning discrimination against pre-existing conditions works economically. Otherwise, people wouldn't buy insurance until they got sick; that's like buying auto insurance after you have a wreck, and expecting the insurance company to pay for it anyway.

    The only other way you can make it work is to only allow insurance sign-ups during a brief period once a year, and to prohibit hospitals from treating people who don't have insurance or the cash up front. That way costs can't be shifted to insured people, the way it is now, and it gets rid of the free rider problem.

    Of course, some of those free riders who choose not to have insurance are going to get into accidents or get sick, and some may die without medical treatment. It sounds cruel, but that will just encourage people to understand that their choices have consequences.

    December 13, 2010 at 2:16 pm |
  16. Jayne

    Unfortunately not. We will still be served up to big insurance on a platter if we want to see a doctor. If the mandate is found to be illegal, maybe it will send this country in the direction of expanding Medicare, which should have been done in the first place and was the intent when Medicare was first introduced decades ago.

    December 13, 2010 at 2:16 pm |
  17. Kevin of SD CA

    Hopefully so! I am a 53 year old Caucasian male who scratched out a living in the private sector after being serving in the Navy. I have signed up for VA health care but if I make over 40K a year I lose my VA healthcare; and I will be forced to pay a mandatory insurance premium or be fined by a corrupt government. My biggest complaint it that I am in very good health but I will get no exemptions or discounts; instead I will be forced to pay into a system that is overloaded with obese unhealthy smokers and drinkers who will never be expected to take responsibility for their individual decisions past, present and future!

    December 13, 2010 at 2:20 pm |
  18. Greg in Arkansas

    I hope not,

    I would hate to go back to a time when only the wealthy could afford to be healthy.

    December 13, 2010 at 2:28 pm |
  19. Stuart Groten Camarillo, CA

    The Health Care Law is valid. The fight over this legistration is no different than the fight over Social Security or Medicare. Obviously it will be modified and/or embilished but the core will remain. Congress needs to understand this is a benefit for the people and stop trying to take it away.

    December 13, 2010 at 2:29 pm |
  20. Pete from Georgia

    Not sure if it's "history"......................yet, but it will be fought and contested at every turn by the few sane citizens and/or legal scholars left in America today.

    December 13, 2010 at 2:29 pm |
  21. James in Idaho

    Jack I think that will depend on whether or not the 3 legged stool analogy is applicable. Another good quesiton is, if the car insurance comparison is accurate, then do we non car owning, non car driving citizens pay a penalty or tax for not having car insurance? Last I heard there was sucha thing as uninsured moterist insurance 🙂

    December 13, 2010 at 2:31 pm |
  22. Jeff in Bishop, Georgia

    I foresee a 5-4 Supreme Court decision in the future... Obamacare will be history only if Justice Kennedy wishes it so

    December 13, 2010 at 2:32 pm |
  23. Loren

    We can only hope, It was misguided to begin with - for-profit health insurance is morally bankrupt to begin with, so the compromises he made with insurers and drug companies made it smell to begin with. The Virginia Federal District Court ruling merely told everyone that the smell was getting too strong, rotten to the core.

    December 13, 2010 at 2:35 pm |
  24. Dave in Phoenix

    One can only hope Jack, one can only hope. In it's current form it's a disaster. Thousands of pages that I bet 90% of congress still hasn't read.

    December 13, 2010 at 2:37 pm |
  25. MNResident

    Relax Jack–It's one ruling by one federal judge. If one ruling by one judge was the final ruling, then "Don't Ask, Don't Tell" would already be history. I am NOT commenting on the validity or legality of either policy, just on the overreaction to a ruling by a single judge.

    December 13, 2010 at 2:40 pm |
  26. MnProud from St. Paul

    I sure hope so! When we allow our elected officials who work for us to order us to buy a product through force for just breathing, what can't they force us to buy?

    December 13, 2010 at 2:41 pm |
  27. david- seattle

    i hope so... forcingpeople to buy insurance so the insurance companies ( who have nothing to do with seeing a doctor <sort of), can get a wind fall profit t is a foolish law... its as if he is a lobbyist for the insurance companies. ... he talks the talk but cant follow through on real legislation that keeps this countries people from being shaken down.. but he gets money from the insurance companies and banks after he does them an immoral favor

    December 13, 2010 at 2:42 pm |

    If only Pres. Obama had been able to appoint one more Supreme Court Justice, then this would be a moot point. Since the Gore v. Bush decision anniversary just passed, it would have been an ironic example of "What comes around, goes around."

    December 13, 2010 at 2:43 pm |
  29. david- seattle

    not in the slightest..he will run this country into the ground while enjoying the accoutrements of power as he plays the blame game as if someone else is responsible for his bad decisions... maybe he will blame the beer companies ,junk food companies and cigarette companies that fuel his mind with low class legislation ..

    December 13, 2010 at 2:45 pm |
  30. Arnold MI

    No, not yet. After the states finish with a split decision the case will probably wind up in the U.S. Supreme Court for final judgement. Lets not forget that the requirement to purchase health insurance was a Republican "trade off" for the public option.

    The idea for the requirement to purchase health insurance originated from Mitt Romney's Massachusetts Health Care Miracle. Romney's Law says there is a $650 dollar fine for the first offense and a $1000 dollar fine for any additional offenses for not having health insurance.

    I still support the public option!

    December 13, 2010 at 2:46 pm |
  31. Larry from Georgetown, Tx

    Hey Jack, we can only hope that this mess is dead and espcially since it doesn't reduce costs. We all know that we need to do something but not this mess, it's too complex when it could be simple.

    December 13, 2010 at 2:49 pm |
  32. Jane Lexington, KY

    If the answer is yes, then we are all in trouble. The small numbers who are sick and can afford to buy health insurance will do so; those who are sick and cannot afford to buy health insurance will continue to present to providers for free care. The young and healthy will continue to play russian roulette and their nonparticipation in the system will raise the premiums of the sick in the system and these premiums will quickly rise to unaffordable. We are doomed!

    December 13, 2010 at 2:51 pm |
  33. Patricia in Korea

    In order to repeal it, they have to have something decent to replace it with, and I haven't seen anything like that yeat. If that's all they're going to do for the next two years, they can write off making any further gains.

    December 13, 2010 at 2:56 pm |
  34. Rich McKinney, Texas

    I don't know Jack. I think congress is going to be so busy with coming up with a budget they won't have time to do much of anything else. I think perhaps some of Obamas healthcare bill we be modified over time but the majority of it will still go through. In reality Jack not much has really changed with healthcare. Sure 30 million people are now covered or will be by 2016 but the problems still exist about waste and fraud because nothing was done to prevent them. We should not fool ourselves into thinking that we are any better off now then before the bill was passed because we are not.

    December 13, 2010 at 3:05 pm |
  35. wm in Penna


    Yes, of course health care law is history. No loss. It is no good for humans. Corporations, yes. Humans no.
    Health care is a right of citizenship. It is not a commodity to be sold to the highest bidder.

    December 13, 2010 at 3:05 pm |
  36. Mario (Phoenix, AZ)

    History? No Jack. Historical? You betcha! I too think it is unconstitutional to force Americans to pay for death panels (wars are OK). And I also think parents of American children with pre-existing conditions should not expect medical care for illnesses God obviously intended them to have–expect a miracle instead. As for the old folks (you know, 50 and up) having to pay higher prices for prescription drugs because of the whole in a glaze doughnut, they can start taking half-a-dosage and stretch it out twice as long or stop eating pastries altogether. This is America, not the Soviert Union!

    December 13, 2010 at 3:12 pm |
  37. Chuck in Ohio

    Jack: NO. History will be made in how quick we vote out the party that does not want the common person in America to have health care. It's not Obama's health care bill. There were many GOP members that had amendments in the health care bill. The all mighty dollar is still at work and now we need to tell the American people just who is taking that dollar to stop us from having health care. The ones that are wanting to get rid of the health care bill don't have the guts to reject the health care that we as tax payers provide for them.

    December 13, 2010 at 3:17 pm |
  38. Mr. D

    Mabe not the whole thing, but parts of it could become history. "Less" will be replacing "more" (government) if this country is going to dig itself out of the deep financial hole we are in.

    December 13, 2010 at 3:19 pm |
  39. bob z fr ,pa.

    every body with any common sense nows this was UN CONSTITUTIONAL

    December 13, 2010 at 3:23 pm |
  40. Sylvia from California

    I do not think so. However, there will be parts of the law that will be modified or amended....Like for example, requiring people to have insurance.. Gee, just this morning Virginia courts ruled this unconstitutional and rightly so!

    December 13, 2010 at 3:27 pm |
  41. Larry,Springfield,Ohio

    Jack,we can only hope so,anytime someone forces me to buy something ,whether I want it or not,well,it makes me sick!!!!!!!!

    December 13, 2010 at 3:30 pm |
  42. Bizz Quarryville Pennsylvania

    Jack, when a judge in Virginia throws out a big part of the healthcare bill that the republicans and Health Insurance companies don't like, makes me want to throw up my hands in frustration. Judges won't stop innocent people from being executed. But they will stop a healthcare bill passed by Congress makes me feel that I do not live in a democracy anymore. You cannot mess with the Health Insurance companies they have too much influence. This is a great year for the rich. Will someone tell me when we can start expecting the money to trickle down?

    December 13, 2010 at 3:35 pm |
  43. Mike from Denver

    At this point I think it is a lot closer to fiction than history.

    December 13, 2010 at 3:37 pm |
  44. B.J., Quincy, Il

    It made history but now it just needs a few tweeks to polish it up and make it better.

    December 13, 2010 at 3:39 pm |
  45. bonnie from nj

    I hope not, the law is not perfect but the concept is pretty good. The democrats should have had a backbone and left in the public option, but the idea that all Americans should have health care is a good one. If there is anyone out there who thinks the Republicans care in any way shape or form about insuring middle and lower class Americans, they need some extremely expensive prescription drugs.

    December 13, 2010 at 3:39 pm |
  46. southerncousin

    The Obama administration defended the extra cost we will have to pay as a tax, yet Obama said it would not raise taxes or cost. So that was a lie. This whole thing is corruption, wrapped in ideology and was a tremendous waste of time and resources, that could have been used to put Americans to work. We need to cut entitlements to the lazy, victims of NEA style education. Why is it that the slimy corrupt unions, who spent millions of dollars supporting this monstrosity, are allowed to and are "opting out?"

    December 13, 2010 at 3:41 pm |
  47. Cy Gardner

    Does this mean I can stop paying for car insurance? The Republicans have stacked the entire court system with corporate lawyers, lobbyists and party loyalists. How about a little attention for the judges in other states who ruled that the law IS constitutional. Still, the worst corporate lobbyists are the ones on the Supreme Court. They may yet rule that the country belongs to the rich and the rest of us better just shut up and shell out. cy gardner, arlington, va

    December 13, 2010 at 3:42 pm |
  48. Gerry luimes

    If push comes to a hard shuv by the Reps., it may very well be possible to repeal the present Health act. It would be a pity; However not too long after that event the Divided S.of America will inevitably follow into oblivion; it's already on its smoldering way.
    Are we hearing the gigling in China? Please say a prayer with me.....

    December 13, 2010 at 3:42 pm |
  49. Paul, New Port Richey, Florida

    Obamacare is not just about taking two aspirins and calling in the morning. It's 2700 pages of lost liberties, except for crony opt outs, at the whim of bureaucrats. The mandatory purchase of insurance is just the tip of the iceberg. As it is said, 'The devil is in the details'.

    December 13, 2010 at 3:43 pm |
  50. Tom Bulger, Canandaigua

    The Republican politicians have all got government subsidized health care and have repeatedly made fools of themselves whenever the subject is raised. Take for instance Doctor Harris who won election campaigning against government health care. He threw a fit when he found out he wasn't eligible for government health care until he had served a month in office. I don't think you';ll find him or any of the other Republicans getting a taxpayer funded free ride raising the subject at all.

    December 13, 2010 at 3:48 pm |
  51. tim

    I hope so. And while they are at it check and see if taking 500 billion out of social security is legal for financing the ponzi scheme.

    December 13, 2010 at 3:48 pm |
  52. stormy lady

    The way John Bohnee

    John Boehner has been having crying sobbing meltdowns on public television lately, is he on life support, he evidently has many personalities or he's on Rush's medication. Last summer he was defiant, having a middle aged man's temper tandrum, slamming down the health care bill, and he won. It's suspect when a aging white man cries, that's odd, they've been so fortunate never having to struggle just show up and act privilege like the former president and palin. Boehmer, McConnell, Cantor got it made. Scary though to see him sobbing on 60 minutes again, something is wrong? Maybe he wants the WH seat? Somebody check his pulse.


    December 13, 2010 at 3:50 pm |
  53. Independent Joe


    The law is on the launch pad and ready for take-off. The problem is I think the engine for the law was made in China. There is no way it will get more than ten feet off the ground. Americans wanted more affordable healthcare, not expanded more expensive healthcare.

    Joe M (Mn)

    December 13, 2010 at 3:55 pm |
  54. Dave, Orlando, FL

    It is history, if but a footnote. It signifies only that in an effort to pass a healthcare bill, any healthcare bill, just so he can say he did it, he squandered two years. All the while, jobs and the economy went into the toilet. So egomaniacal was he that he failed to notice that while he was attaching this single feather to his cap it had only the hollow shaft and no vanes. All he had to do to eliminate all the constitutional issues being raised now would have been to keep the “public option.” That way we would have joined the rest of the civilized world which cares for all their citizens. He is the only Democrat that can make Mother Moose look like a viable choice.

    December 13, 2010 at 3:56 pm |
  55. cal

    falling waters wc
    let's hope so. now if the great minds on capital hill would set down and write a health bill only no add on for and one we may still get a good bill.

    December 13, 2010 at 3:59 pm |
  56. francap

    I hope not. That would be a disaster.

    What is wrong with the republicans? It seems they only care about the rich people (like themselves) in this country. Shame on them!


    December 13, 2010 at 4:00 pm |
  57. Lori - PA


    I hope so. While I feel for those who can't get health insurance because of pre-existing conditions, I can't support a bill that forces people to buy health insurance when they can't afford it (high health insurance premiums). If the federal government would just work together to come up with a viable solution to the economic and unemployment issues, the rest should fall into place.

    December 13, 2010 at 4:02 pm |
  58. Phil, georgia

    Far from it!! The President got this Historical legislation through after a hundred years and I know Dem.s won't let it get destroyed.Just like medicare, social security and all the other big bills that dems put together to make this country a better place.

    December 13, 2010 at 4:03 pm |
  59. Russ in PA

    We can only hope it's dead, as it didn't deserve to be born. Now all we need the Patriot Act to be killed, as well as the FED, and this country will start to feel like a free country once again.

    December 13, 2010 at 4:03 pm |
  60. stormy lady

    Yes, it's history that was made for the first time in U.S. The president is the hardest working president in history in thje past 30 years and he does not stop. His shoes will be almost impossible to fill. Let them repeal and waste tax payers dollars as the Reoublicans have for the past 8 years and completely sat out the past two years, unbelievable.

    December 13, 2010 at 4:04 pm |
  61. Joy

    It's sad to see this, do this people hate him so much that they don,t care about the people who will benefit from the bill? Wow!!!

    December 13, 2010 at 4:04 pm |
  62. Alex in Gig Harbor, WA

    Enough with the hyperbole, Jack! A lower court has struck down one provision of a huge law with many provisions. This is just the first round of legal wrangling that will ultimately lead to the Supreme Court and make millions for lawyers. (BTW, those millions to the lawyers could have provided a lot of health care!)

    December 13, 2010 at 4:07 pm |
  63. sheila

    I definitely hope not

    December 13, 2010 at 4:07 pm |
  64. William

    Yes it is history, IF, the Republicans hope of winning in 2012. it is there chance to shine, and give us Americans back representative government. Politicans need to learn they do NOT know what is better for us than we do. When that happens, we all lose. We expect them to represent us. NOT the minority of us, but the majority.

    December 13, 2010 at 4:10 pm |
  65. Edwin

    If we can't be forced to buy health insurance, why am I forced to buy Car Insurance?

    December 13, 2010 at 4:14 pm |
  66. KDS Irvine, CA

    I knew this was going to happen Jack. I just thought it would take a few years for everyone to realize that if you did not have health insurance, you would have to buy Obamacare. Its going to be an ugly battle next year.

    December 13, 2010 at 4:15 pm |
  67. Chuck

    I don't know if it's history, It certainly has made history!

    December 13, 2010 at 4:17 pm |
  68. bud rupert

    I don't believe it is or will be dead Jack – The Supreme Court has, in effect, already made the case. In 1944 the Court held that the business of Insurance falls within the regulatory authority of Congress under the Commerce Clause. The court emphazed that it's central responsibility is to make certain that the power to govern intercourse among the states will remain where the constitution placed it... in the Congress, available to be exercized for the NATIONAL WELFARE as Congress deems necessary. The mandate will stay.

    December 13, 2010 at 4:17 pm |
  69. John

    Am 100% sure that the Judge in Virginia is a republican. Same agenda.

    John Okon
    Sugarland, texas

    December 13, 2010 at 4:18 pm |
  70. Mark, Berwyn PA

    Let's hope so.....

    December 13, 2010 at 4:22 pm |
  71. Dave

    I never voted for Obama and I'm glad I didn't so I could say "I wasn't responsible" but the irony is, Obama doesn't call the shots anymore than aby other present did, it's BIG corporations and BANKS that do.

    Any standing president these days is no more than a pawn.

    As for insurance, even if Obamcare was approved and initiated, I would'nt buy it anyway, let them came after me for a the fine. If they really can.

    December 13, 2010 at 4:22 pm |
  72. Ben from Boston

    After today's VA court decision, it will be easier for the next House to hold funding in abeyance until the issue is settled in the Supreme Court. So the law is not toast but it could easily be shunted sidelines.

    December 13, 2010 at 4:23 pm |
  73. Tom

    I sincerely hope that this healthcare fiasco is derailed. It is nothing more than smoke and mirrors with a high price tag. This concept of requiring others to spend personal funds to purchase a product from a third party that they might not want is obscene. It sounds a lot like organized crime's "protection" racket.

    December 13, 2010 at 4:23 pm |
  74. Jeffry

    If this health care reform law gets declared unconstitutional by the United States Supreme Court, it will appear that the last 2 years of the Obama presidency have been nothing but a big waste of time. So much time, effort, energy, and money was spent to ensure that health care reform was passed, while other issues were neglected. In the midst of one of the worst recessions this nation has ever faced, I think it has really been imprudent to focus so much of the last 2 years on something that has the potential to inflat the already out of control national debt even further. We could have repealed "Don't Ask, Don't Tell" in that time. We could have come up with a plan to start addressing this national debt. We should have focused on getting more jobs in this nation. It just really feels like so much time has been wasted.

    December 13, 2010 at 4:23 pm |
  75. Pablo

    No it's not. Republicans need to recognize that half of the american people still support the law, GOP should not fall on the same mistake democrats did defending the bill, meaning that they should not start a crusade repealing obamacare with the current state of the economy! Therefore the final battle over the healthcare bill will be fought on the U.S. Supreme court ground, and if that's the case, a positive outcome may result for the democrats.

    December 13, 2010 at 4:25 pm |
  76. Michael H. in Albuquerque, NM

    For those of us with pre-existing conditions repealing "Obamacare" would be a disaster. It would mean death. It would give John Boehner something real to cry about.

    December 13, 2010 at 4:25 pm |
  77. SAL

    Not only is the health care bill about to be history but ......... there are millions and milloins of us unemployed , under employed and un-insured that are history as far as the our politicians are concerned . The best we can hope is that the food bank doesn't run out of food and we don't get sick .

    December 13, 2010 at 4:26 pm |
  78. TonyL

    This Tea Bagger Judge will be over ruled by the supreme court. Simply because if health care law mandating citizens to enroll and participate for the bigger good of the nation is unconstitutional then social security, medicare, medicaid, unemployment insurance or federal income tax would be unconstitutional as well. This is not going to happen. The congress has the power to take the individual rights away for the bigger good of all the people of US. Congress has the power to force it's citizens to be drafted for war. Government has the power to take individual's private property for public good. Imminent domain. Congress has the power to tax it's citizens which infringes on individual rights. CONGRESS HAS THE RIGHT and the pwer but president cannot do it alone. Here congress has passed the law and it is over. It's for the overall public good.

    December 13, 2010 at 4:26 pm |
  79. Jay in Illinois

    I hope this law, despite all the outrageous distortions, is kept alive and implemented. If we can't prevent the insurance companies, who currentlty make Billions in profit, from denying people who tragicly and desperately most need the payment coverage of health insurance then where is the moral decency in this country?

    December 13, 2010 at 4:27 pm |
  80. John Hutchins

    Jack –

    It's not history by a long shot, but this is the first step to putting it on life support. Hopefully, the Supreme Court will pull the plug.

    John Hutchins in Houston, TX.

    December 13, 2010 at 4:28 pm |
  81. linda

    Certain comments in this judges response are irresponsible. How can it be unconstitutional to be mandated to buy health care and no be unconstitutional to make the rest of us pay for it. EVERYONE needs health care whether they want it or not. We all are paying higher premiums and taxes for those who choose NOT to buy health care then suddenly need that care and can't pay but EXPECT to be taqken care of. ANd we pay for all those on Medicaid too.. this is a nonsense decision and if you do research it is not an objective one either this judge is in the back pocket of those opposed to the health care law. I'd say this wil help keep the status of health care and the drain on the budget on life support maybe not in how you are asking but yeah we are all on life support and one illness away from being financially sunk

    December 13, 2010 at 4:29 pm |
  82. Eardley Ham Woodbury, MN


    The vaunted Health Care law is, in reality, a hodge-podge mish-mash that is on track to fail in even its least provisions. The HC law will not reign in, much less lower the cost of health care. I am in Medicare with an Advantage plan and I pay $245/month for moderate coverage. This is increasing by $20/month in 2011, a nearly 10% increase. Drug costs are up as are the co-pays for specialists.

    The only answer to the health care crisis is a single-payer system or nationalize the drug companies and medical care providers (hospital/clinics). Other countries have done this and survived. In fact, most of them have superior medical care.

    December 13, 2010 at 4:29 pm |
  83. Alina77

    The problem that Republicans have its that this is not their baby. If they would come up with something like it and people wouldn't like it, they would say (as Cheney said about Iraq war) "So, what?"

    December 13, 2010 at 4:30 pm |
  84. rickk

    no, because despite all the blather, the country needs it.

    December 13, 2010 at 4:30 pm |
  85. Steve Keenan

    Why aren't we stopping the stupid War? Then we could afford health care and other stuff.

    December 13, 2010 at 4:31 pm |
  86. Shari from Madison

    Unfortunately, I think it is done for. I fear that the Republican's have brainwashed many people into believing that the law is socialism and not good for them. It isn't perfect but it was at least a step in the right direction. If it is actually done for, it means that our current system will continue to make a few people extremely wealthy while others cannot afford to ever go to the doctor. It will mean they will be turned away from all hospital emergency rooms because they are un insured and hospitals will not have to let them in at all. Shame on the Republican Judge and the Republican party that is so elitist only the RICH AND POWERFUL mean anything to them.

    December 13, 2010 at 4:32 pm |
  87. Obie

    This is obviously political and is laughable. We are forced to buy motor vehicle insurance and nobody complains but mandatory health insurance is unconstitutional according to some judge in Virginia? We are at risk of getting sick everyday, same as driving down the road you are at risk. In fact somebody with a serious contagious disease and have no health insurance is likely to kill more people. Ebola is an example.
    We can minimize unncessary deaths by enforcing traffic laws same way with health. Make everything the same accross board if its about insurance. Mr. judge why don't you show good faith by having no medical insurance and see how much money you will be paying if you get sick!!
    Health insurance is a human right and should be mandatory. People like this Judge who makes good money don't realize that because they can afford the best doctor in the world.
    If he's got a point then he should start with the airlines, fares should drop because I wont be paying for insurance when flying.

    December 13, 2010 at 4:32 pm |
  88. Dave

    It was from the beginning.

    December 13, 2010 at 4:32 pm |
  89. Roland - Illinois

    HI Jack – You mean like Car Insurance that we are all required to purchase or we go to jail? This ruling is very liberal. I do not want to pay for some else's emergency room visit. Sooooo Many Americans do not realize that rising healthcare is also attributed to the Pro-Bono services ALL hospitals provide across the country. Either the States or the customers {me} pick up their tab.

    December 13, 2010 at 4:33 pm |
  90. just me

    blackfoot id. if this bill is history it will be for its rational thinking and implimenting. hopefully the gop will be "history " when there done makeing fools of themselves.

    December 13, 2010 at 4:36 pm |
  91. Walker Rowe


    Republicans put their aging parents on public Medicare, collect public farm subsidies, drive on public highways and fly through public airports. They oppose the public health insurance option so we offer up a private option and they oppose that. Seems they oppose anything to do with health so one would conclude they support infirmity. The old adage is no longer true: It's not that death and taxes are inevitable. Put the Republicans in charge and taxes will go away but we will still have death and lots more of it.-regards, WER

    December 13, 2010 at 4:37 pm |
  92. Mitsu Hadeishi

    Come on, give me a break. This is a totally uninformed column. There are multiple lawsuits going on around the country, and every court so far has upheld the health care law, including the insurance mandate. Multiple Federal courts have ruled on this, and it's just this one judge ruling the other way. None of this matters at all, until it reaches the Supreme Court. The judge didn't issue an injunction. It's meaningless.

    The insurance "mandate" is nothing more than a tax matter. There's a tax penalty if you don't buy insurance. You don't get thrown in jail for not buying health insurance. If the Federal government can't impose a tax penalty for not buying insurance, how much of the rest of the Federal tax code would be invalidated? The difference between a tax credit and a tax penalty is pretty much just semantics.

    Finally, states already require drivers buy auto insurance, etc. This is much the same idea, except no one can "opt out" of the health care system. For many of the same reasons we require people to buy auto insurance it makes perfect sense to require people to buy health insurance.

    The health care industry in this country costs nearly twice as much as it does in other industrialized nations. Costs have been skyrocketing at twice the rate of inflation for decades. Health care reform is not optional. Every other country has it, why can't we?

    December 13, 2010 at 4:37 pm |
  93. David from Herndon, VA

    Jack, I'm really getting tired of low-information voters regurgitating the just-plain-wrong blather coming from the right-wing talking point distribution system.

    These people are determined to shoot themselves in the foot, or worse. They're against regulation after the gulf oil spill, the worst environmental disaster in history. They're against financial regulation after bankers stole their meager retirement savings. And now they're against "Obamacare," pushing healthcare even farther out of THEIR OWN reach. Is their any limit to their stupidity?

    Fine. They win. Take it all away and let's go back to feudalism.

    December 13, 2010 at 4:38 pm |
  94. Patrick Lewis

    Not even close, Jack. Call it a tax and it's rock-solid constitutional. The judge, in his ruling, said that his problem was with the inclusion of third party vendors being part of the mandate. A single payer system would eliminate this problem.

    And Democrats did not sacrifice the economy to work on healthcare. They passed the stimulus bill first.

    December 13, 2010 at 4:39 pm |
  95. Bruce

    Why is the ruling of the Virginia federal judge so "stunning"?

    The key part of the law – the "individual mandate" – is unconstitutional as was ruled over two hundred years ago.

    "The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the Constitution is written."

    – Marbury v. Madison (1803)

    Congressional power is unrivaled, but it is not unlimited. The Constitution still matters. Judges are bound to enforce constraints on legislative actions that are unconstitutional, even if these actions were popular. Health care reform is not popular and it is largely for this reason.

    Infinitely elastic interpretations of congressional "power to regulate interstate commerce" are hopefully coming to an end.

    December 13, 2010 at 4:39 pm |
  96. Cydne

    I think, like everything else Obama has done, the health care law will wind up being too little, too late, too timid. And yes, I think the Republicans, with the "vocally reluctant" acquiescence of the Democrats, will repeal it.

    December 13, 2010 at 4:39 pm |
  97. Gerald (Tampa, FL)

    Jack I have always felt that if both parties came together, like they recently did with taxes, they can formulate a quality Bill that would satisy (most) lawmakers and the American population. If that succeeds, it will save the Health Care Bill and Obama's job.

    December 13, 2010 at 4:40 pm |
  98. Lawrence

    I believe we as a nation should pray that it is not. Congress should not cave in to the demands of the Healthcare, Hospital, Pharmaceutical, and Insurance lobbyists. Why should we be afraid of government run insurance? Who runs Medicare…do you want to get rid of that? Who run VA Insurance…do you want to get rid of that?

    Congress is about to bail out the millionaires why not provide insurance coverage for the most needy segment of our population. Private industry does not want to cover the “high risk segment of our population.” Does anyone other than President Obama care about these folks. It sounds like racism and classism to me.

    I understand our nation functions not based upon need but greed. But Healthcare or the Obama Care Plan, as you critics wish to call it, can not change.

    December 13, 2010 at 4:40 pm |
  99. Jay


    The basic problem with Health Care Reform is that it does absolutely nothing to control costs. Why, for example, will my local hospital agree to charge a set amount for a procedure from an insurance company, but charge almost 3 times that amount for the same procedure to the poor guy walking in off the street, even if he has CASH to pay for it in advance? The whole thing, between politicians, the insurance companies, and the rest of the health care industry, smells like politics as usual.

    Jay in Ridgecrest, CA

    December 13, 2010 at 4:40 pm |
  100. ted

    This fight is more about Obama than care.

    December 13, 2010 at 4:40 pm |
  101. mickey atkinson

    I do not want Obama /Hillary care, this is nothing more than repackaged, fat, stupid ol Hillary care.

    You should have the choice if you want Medical care, or not! Hell I do not want Congress or the President to have Taxpayer paid medical care. If thay want it then they can for it them selves.

    No payed medical care for any elceted or appointed official!

    Remember tax churches and CNN!

    December 13, 2010 at 4:40 pm |
  102. Troy

    This law should be History and held up in History as an example of how a president with the full backing of the house and senate can pass laws that are about agenda and not the will of the american people.

    December 13, 2010 at 4:41 pm |
  103. Danny A. Moose

    Without the coverage mandate, the law cannot function. So yes, it is history. Insurance companies simply cannot afford to not consider the cost of insuring any given individual in pricing coverage, unless all the healthy people are forced to purchase a product they may not want or need in order to subsidize the unhealthy.

    December 13, 2010 at 4:42 pm |
  104. John from San Antonio

    If not it should be. This is not a government take-over of health care as advertised. it is forcing people to buy coverage from a private corporation which is unconstitutional. Costs will sky rocket and health will plummit as profit takes precidence over health. Americans are already the unhealthiest people on earth, why make it worse?

    December 13, 2010 at 4:43 pm |
  105. chris brown fl.

    yes jack i believe that with all the stink that they the (the repubs) have raised that they will probably do away with it which is typical of today's gov they spent all this time to get it through then spend all the time to get rid of it rather then modify it

    December 13, 2010 at 4:44 pm |
  106. Luc

    Health Care Reform was a much needed step toward fiscal responsibility in the United States. These law suits and the extension of the Bush Tax cut only promote societal fear, inequality and instability with great pleasure of the Republicans and Tea Party activists. They lay the premises for big cuts in social programs such as Medicare and Social Security and do very little or nothing to solve our budget deficit and to create jobs.

    December 13, 2010 at 4:44 pm |
  107. Jeff - CO

    Its unfortunate people want to tear this achievement down instead of make it better. I'm not a lwayer, but whats the difference between forcing people to have car insurance and health insurance?

    December 13, 2010 at 4:45 pm |
  108. J

    I guarantee that after they kill this initiative, about year the same people that worked so hard to kill it will be crying out for the government to do something about the lack of health care for every American. The irony will be that it will Republican crying the most and using it as a platform for reelection.

    December 13, 2010 at 4:45 pm |
  109. Dave, Vancouver

    If you go by what he says–very. If you go by what he does–not so much. And If you go by what he says he does–very not so much.

    December 13, 2010 at 4:47 pm |
  110. Griff

    "It didn't know it was functional as yet? Too many recketeers out there? It's much like yours here in Canada. I myself have much little idea what I am covered for here, and to go internet for explanation of Pensionable health-care is still so connfusing. It covers all kinds of things that I hope I will never require, according to the lists; but so confusing??? Yes I myself think Obama's idea's could never get off the ground. Doctors and surgeons don't work that cheap. And cost of drugs are up in the clouds!!"

    December 13, 2010 at 4:48 pm |
  111. Steve in Fl

    This whole debate is ludicrous. We could insure every man, woman and child in the country for half of what we pay now. All this melarky we hear 24/7 about "socialism" and "death panels" is about one thing and one thing only. The health care industry has a golden goose by the tail feathers and has an army of lobbyists making sure it stays that way with the help of their very own political party, the GOP as well as a nice comfy grip on the SCOTUS. What a disgusting and traitorous bunch of criminals sit in our hallowed halls. Health care should not be a commodity. Period.

    December 13, 2010 at 4:49 pm |
  112. Clint

    Henry E. Hudson, the federal judge in Virginia who just ruled health care reform unconstitutional, owns between $15,000 and $50,000 in a GOP political consulting firm that worked against health care reform.

    December 13, 2010 at 4:50 pm |
  113. Stephen Herzog

    So be it. In such event, Congress just needs the backbone to pass a law saying that no medical provider is required to provide medical care to anyone who is not insured, and such unisured person is prohibited from making any claim or filing any type of lawsuit against any medical provider who refuses to provide medical care to someone who is uninsured. Otherwise, make insurance mandatory.

    December 13, 2010 at 4:50 pm |
  114. Larry

    No, health care reform is not "on life support." Two Federal District Courts have upheld all of it, and the major changes do not takeeffect until 2014. So there is time to work out these expected legal challenges and resolve them before then.

    Look, a majority of the American public support this much needed reform. Americans do not want to face denials of coverage due to pre-existing conditions or have their health care dictated by health insurance tycoons who only care about becoming richer and richer.

    We need reform, we got it and we are going to keep it.

    December 13, 2010 at 4:50 pm |
  115. silencedogood

    Unless Obama tries to pack the Supreme Court with supporters ala FDR during the New Deal (an unlikely prospect given his polling numbers) this bill is as dead as disco.

    Americans want jobs, not a radical restructuring of our society to fit someone's view of a European utopia. The constitution, absent an amendment, won't allow it either.

    I fail to see what is wrong with each state deciding whether they want universal coverage. Massachusetts has it. Texas does not. If its important to you, move. If its harms jobs, move. If you feel strongly about it, its much easier to enact change at the state level. Its federalism, it works, and has done so for over 200 years. Any constitutional lawyer should know that.

    December 13, 2010 at 4:50 pm |
  116. Pisher from Harrisburg

    The American dream as we dream it and have tried to live it will be history if those elected continue their extremist positions and win-lose attitudes for the American people. Our problems need compromised solutions where everyone holds their noses and sacrifices a bit for the good of the society. Right now its winner trying to take all and its ruining this country and creating a nightmare. Obama has tried to being reason and compromise to all concerned and everyone is accusing him of being weak and selling out. I am disgusted with the leadership in both parties and feel bad for President Obama who is the only caring voice of reason for the American people and not the special interests which apparently is making him unpopular with his colleagues...It's a sad holiday in America....

    December 13, 2010 at 4:52 pm |
  117. Steve

    Lemmee see..Health care being mandated is unconstitutional, so having no healthcare must be a constitutional right..So having a gun is legal, but having a doctor is illegal..I'm just a dumb canadian and am trying to understand all this..Good Luck to you all, I think you are going to need it....

    December 13, 2010 at 4:52 pm |

    Is President Obama's health care law history?

    Democrats won't let its demise to come to a vote – so NO it is not "history"


    PS The judge that said that it is unconstitutional shouldn't just stop with Health Care, he should also strick down Auto Insurance, Homeowners Insurance, etc. too.

    December 13, 2010 at 4:52 pm |
  119. Bill

    Nothing in this country seems to me history. With all the ammendments we have to the constitution, I believe our constitution from our forefathers is now past history. The congress and senate need to make laws based on our present situation and not rely so much on those that did not intend that their words to be anything more than a foundation, a building block. No one had insurance back then. They did not have industry as we know it today. They did not have unions. Chritianity was the only religion and there were the native Indians. The law was based on the ten commandments and christianity. Millions died from disease, war and poverty and we still have that today.

    December 13, 2010 at 4:55 pm |
  120. Steve, Clifton, VA

    President Obama's Health Care "LAW" is already history as it's something that many predecessors tried to do and failed, so that's history in and of itself. With regards to the recent decision in Virginia regarding the constitutionality of the law, it should be noted that only certain components of the law was ruled as unconstitutional not the entire law. The republicans want to repeal and replace the law. It should be noted that even the republicans know that they can not just real the law as currently written. They know that a replacement law would have to be enacted which has more appeal than the current law. All of this dialog and discussion is only happening because of the fact that President Obama got the ball rolling and that is history..... History in a positive light.

    December 13, 2010 at 4:56 pm |
  121. Eric in RTP

    Far from history Jack... you see if this part of the bill is unconstitutional and the rest remains.. private insurers will go out of business so fast we will be left with a exactly what we shoudl have had in the beginning, government ran health care. I do wonder if the Dems knew this part (which was actually tacked on for the private insurers and conservatives) would fail resulting in the implosion of the health care insurance industry leaving us with a public "option".. ha ha .. conservatives are actually kicking themselves in the rear on this one.. I've been laughing all day... And yes I am employed and have the best insurance one can get... and no it is not the end of the world... laughing all the way home jack at all these conspiracy theorist who think China actually has anything on us or that we are on the brink of collapse.. all smoke and mirrors to scare people into voting blindly.

    December 13, 2010 at 4:56 pm |
  122. Ken in Pinon Hills California

    I doubt it Jack, in the coming depression no one will have the money to buy the outrageously high cost of private health care.
    They had better leave this one alone.

    December 13, 2010 at 4:56 pm |
  123. David


    I do not understand what people are thinking! Obamacare may be history, but the health care issue is not going to go away. Some (Rep.) want to turn it over to the private sector. It has been public for a long time – govt intrusion to help those that can not help themselves.
    While there has been many people that rip off the system – you don't think that this does not happen in private.? Look at the costs now.
    What I see is that the rich are getting tired of paying for the poor. That is Socialism! That is liberals wanting to re-distribute wealth! No – that is being a good Samaritan. Give some – you get a lot. Hmmm – what was the story about a rich man;s chance of getting to heaven?
    You are going to pay one way or another. Which death panels are we talking about – seems like a lot of grannies would die for their grand children to be saved.

    December 13, 2010 at 4:56 pm |
  124. disillusioned in PA

    This will go to the USSC and the law will be struck down along 'party lines' (just like Bush v. Gore; Citizens United, etc..)

    Washington Crossing, PA

    December 13, 2010 at 4:56 pm |
  125. Erik Perez

    I'm no constitutional lawyer but I can read! No where in the constitution does the government have the power to force you to buy something. Car insurance does not count because driving is NOT a right granted by the constitution. The only way to make "health care reform" truely work is to amend the constitution making health care a fundamental right in the same way freedom of speach is a right and once that is done, it will force congress to figure out how to pay for it.

    everything else is just fluff.

    December 13, 2010 at 4:57 pm |
  126. Pete

    Does this mean that the car insurance mandate unconstitutional as well? Or is it OK because it is administered by the states? There has to be a mandate or no plan will work, and we do need universal health care. However, there is no question that the healthcare plan could be improved with bipartisan input – or even better, disband Congress and let Erskine Bowles and Alan Simpson develop a plan.

    December 13, 2010 at 4:59 pm |
  127. Andy - Florida

    The health care law is "history" in many senses! It has been an historical goal of liberals; its predecessors – Medicare and Medicaid – have an interesting history that portends the unsustainability of these two social programs; it made history when it was passed this year; and It will make history when it is gutted in a variety of ways, none the least of which will be the Supreme Court's ruling that forcing the citizenry (and non-citizens) to pay for something is not provided for in the 'promote the general welfare' clause of our Constitution and the 'control of interstate commerce' does not provide for the statue's provisions either.
    Bye bye Obamacare.

    December 13, 2010 at 4:59 pm |
  128. can't believe it

    Just wait until you get your "medical home"-otherwise known as a way to make you happy while not providing a doctor to see you-call in for an illness and hear a recording directing you to an email portal where a secretary will cut and paste a generic instruction sheet about what you can do for yourself. The doctor will be punished for actually seeing patients and charged money if he/she orders any testing or a specialist to see you. The goal of course is to have you pay all your insurance premiums and then to die at home without running up any medical costs. Just try and find a doctor willing to take on any patients that are actually ill, they will COST HIM MONEY PERSONALLY. We are all in trouble now with or without Obamacare because the insurance industry is calling the shots.

    December 13, 2010 at 4:59 pm |
  129. Patsy, Texas

    Jack, it is definitely historical. As for being history, maybe. If the
    Republicans can file arguments with enough Republican judges, like
    the one in Virginia, it could happen. Once again, we would have to
    rely on the "wisdom" of the US Supreme Court. However, I wonder
    why this particular provision is so controversial with the Repubicans
    now, when they had the exact same provision in their 1993 Bill.
    On top of that, Mitt Romney's Massachusetts health care plan is
    almost identical to President Obama's, and now this guy wants to
    run for Presidentand against the health care plan, which now places
    him in the odd place of being against himself. Gotta luv it, Lyle.


    December 13, 2010 at 4:59 pm |
  130. Edward in Texas

    Probably. It is going to take a giant step by the Supreme Court to say that the government can REQUIRE a citizen to buy a private product. If the government can require you to buy healthcare, it can then require you to buy anything. Where does it stop? This is not a step that the current conservative court will take lightly.

    December 13, 2010 at 5:00 pm |
  131. Kevin McGonigal

    The real issue here is," Can Congress under the aegis of the Commerce Clause compel people to buy a product from a private company'? I maintain that if Congress may do this it will be able to do ANYTHING it wants to by invoking that clause effectively ending any limits on the pwer of the Federal Government.

    December 13, 2010 at 5:01 pm |
  132. Annie, Atlanta

    No, but it would be nice to see the mandate disappear as long as the insurance industry can't raise our premiums sky high. That, I know, is a pipe dream, seeing as how they're doing it already, just because they can.

    December 13, 2010 at 5:01 pm |
  133. Paulette in Dallas,PA

    Yes, I think it is. Not enough thought went into writing this bill to begin with. It was a rush,rush job. Obama just wanted the credit for passing a health care bill and didn't take the time to study what was best for our country or what the people want.

    December 13, 2010 at 5:01 pm |
  134. Scott in NM

    Unfortunately its not history, our country has been headed on a downward path due to liberal policies for sometime. This is one of a few big ones such as easing qualifications for freddie mac/fannie mac loans. We are a different nation now.

    December 13, 2010 at 5:02 pm |
  135. Dave

    If, it isn't; it should be. Pelosi's comment about needing to pass it to find out what is in it; is coming back to haunt her and her liberal cohorts.

    December 13, 2010 at 5:02 pm |
  136. Dave

    Yes, obamacare is dead. Republicans should replace it with a complete deregulation of the health care industry. ANY insurance company can sell ANY insurance policy ANYWHERE in the country. Ban ALL liability law suites. Allow ANYONE to practice medicine. But also allow emergency rooms to reject patients if they can't prove PRIOR TO ADMITTANCE they can pay the bill, regardless how injured or ill that patient is. Ambulance divers should require proof of ability to pay before picking up anyone.

    December 13, 2010 at 5:03 pm |
  137. Sandy, Illinois

    If ObamaCare isn't rescinded and everyone must buy health insurance in 2014, how much debt is this country going to go into to give the unemployed the money to buy it or pay the "tax" for not buying iy? How much do we need to give the folks living on Social Security to buy health insurance or pay their "tax". Did anyone, anyone think any of this through. Why does the press only talk about the "young & healthy" not choosing to buy it. Why doesn't the press talk about those of us who just don't have the money to pay for health insurance, aren't 65, aren't on unemployment and can't find a job? Washington & the press fixate – neither thinks.

    December 13, 2010 at 5:03 pm |
  138. Mike Mindel

    Not at all.
    The 2010 Healthcare legislation is increasing in popularity every day. Parts will certainly be modified, but the bulk of the legislation is here to stay.

    December 13, 2010 at 5:04 pm |
  139. Mike S

    We've been on a slow march down this road of contemporary rulings that the Commerce Clause empowers the Congress to do pretty much anything it wants if it can be imagined that commerce will be affected somehow; even if you choose to not engage in commerce at all. This to the point where you could replace the entirety of Article 1, Sec 8 with just the Commerce Clause and have a Congress with the same unlimited powers it seemingly has now.

    This is a much needed ruling.

    December 13, 2010 at 5:05 pm |
  140. The City On a Shining Hill

    The Founding Fathers never envisioned a nation where the government would run everything. They had just fled an oppressive European socialist mess, with a heavy handed King George forcing everyone to worship the state religion with no dissent allowed, and pay every increasing taxes to a greedy government with no interest in helping the lot of the average Brit.

    Somehow, we are now under the same oppressive, heavy handed government, raising taxes and regulations, and holding our hands, as Europeans have had since day one.

    History and man himself never seem to change!!

    December 13, 2010 at 5:06 pm |
  141. Bobby E. Lahmon Jackson MS

    Not really even though it's not perfect there is a lot of good things in it and perfect or not it's always harder to take something away from people once you've given it to them

    December 13, 2010 at 5:06 pm |
  142. Anita

    Anita in Kirkland, WA

    Come on people. We're forced to insure our cars, but we protest to our own bodies. "Obamacare" will give us the preventive care this nation so desperately needs. We have no problem insuring our cars, but when it comes to our bodies we protest. We need a shift in healthcare paradigm badly. I hope the health care law is not history. Just don't come crying for free dialysis treatment later, when you could have had a simple low-cost blood sugar test checked now.

    December 13, 2010 at 5:06 pm |
  143. Tom Bastin

    The entire basis and logic for Obamacare is now history. Without the mandate to buy it is impossible to both fund and implement without exploding the government deficit. This program must be shelved until the Supreme Court rules.

    Tom Bastin – Weston, Florida

    December 13, 2010 at 5:06 pm |
  144. Dave, Vancouver

    President Obama is a smart man, so one must presume he anticipated a constitutional challenge to the individual mandate, and by extension the likelihood that his health care reform law would crumble. ... Perhaps your question should be: Why does a smart man deplete his considerable political capital chasing a dream doomed to failure? ... And perhaps the answer is: Because he can.

    December 13, 2010 at 5:08 pm |
  145. James McCarthy

    It would be a terrible shame if the Republicans can kill health care.
    John Boehner is on TV crying his eyes out for the children but he is quite content to kill health care for the children and their parents. What a phony. For my wife and I who get into the donut hole for prescriptions we were hoping to get some relief in that area.
    Not to mention the fact that the Republicans would like to stop unemployment for the people who need it. The Republicans could be renamed the Grinchicans. Bah Humbug Republicans and your gifts to the millionaires.
    Jim McC

    December 13, 2010 at 5:08 pm |
  146. Steve Batts Edna, KS

    Jack ! What was wrong with the old health care, before Obama Care?

    The only expense under the old policy was empty Coffee Cans placed in bars, and convenience stores and hope your neighbor's had a heart, and through in their spare change. Arizona has the right idea. Just say NO!

    December 13, 2010 at 5:09 pm |
  147. Ralph Spyer

    If a American or a illegal is rush to a hospital by the fire department and he or she has no health insurance who going pay the bill ? THE JUDGE

    December 13, 2010 at 5:10 pm |
  148. Minesh - Troy, MI

    Jack, Obamacare is an obomination. It should be repealed. It will kill millions of jobs by creating unnecessary regulations and eliminating competition in the health care and insurance industry.

    Speaker John Boehner needs to make repealing it a top priority.

    Minesh Baxi, Troy, MI

    December 13, 2010 at 5:11 pm |
  149. Scott Stodden

    Quite Honestly Jack I Don't Think So Because From What I've Heard There Are Like Twenty Some Courts Taking Up This Same Issue And This Is Only One Ruling By One Court, Another Court Could Reverse The Ruling. I Believe That All Americans Should Have Some Type Of Affordable, Quality Health Care So That When Something Does Happen Your Covered And Can't Be Denied Because Of Pre-Existing Conditions! We Need To Keep Health Care 2010.

    Scott Stodden (Freeport,Illinois)

    December 13, 2010 at 5:11 pm |
  150. Ragwng1

    Healthcare will need to be replaced especially in light of the court decision today. There are several good parts such as no pre-existing conditions, dependents staying on board until age 26 etc.

    December 13, 2010 at 5:13 pm |
  151. carol twardo

    We have to have car insurance to drive a car. We have to have house insurance to get a loan for a house. Why not health insurance? What is the difference?
    If it is unconstitutional to get health insurance what about car and house insurance?

    December 13, 2010 at 5:14 pm |
  152. Jean McGraw

    The basis is NOT history. The problem is that too many Republicans care more about saving the benefits of the rich than they do about most Americans. They are, in a word, unpatriotic: they do not have the best interests of the United States at heart in all sorts of ways. This is just one of them.

    December 13, 2010 at 5:14 pm |
  153. Denny W

    I cannot believe the reaction of otherwise intelligent people on the issue of universal health care. You who have it, seem to have taken a "dog in the manger" stance vis-a-vis those who do not. How dare you?

    Are there no common values left to which we can all agree?

    December 13, 2010 at 5:14 pm |
  154. Ron, WA

    As most of us have been saying all along – Obama-care was DOA. Yeah!!! A victory for individual & state’s rights!!!

    December 13, 2010 at 5:14 pm |
  155. Robby Robinson

    Of course it's history,
    the courts understand unlike many naive US citizens that this is nothing more than a backdoor tax increase.

    You force 10 million healthy people to pay health care premiums they will never use, hmm!

    December 13, 2010 at 5:14 pm |
  156. Bradley, Portland, OR

    Does anybody remember the guy who was in the news a few months ago who hadn't paid his annual fee to the local fire department, and when his house caught on fire the firemen just stood around and watched it burn down?

    As his house was burning, he tried to pay his annual fee and have the firemen put out the fire. But they refused, and he lost his house.

    If this court decision stands, we need to do the same thing with medical care. Pay your insurance premium, or no care for you if you get sick.

    There's no reason that people who pay for insurance should have to cover the costs of people who don't.

    December 13, 2010 at 5:14 pm |
  157. Angela Savage Austin

    It's History...it's Herstory...it's Our Story. Unhealthy people cost us more money, on every level. Preventive Health care is good for all and cost us less in the long run!!!!!

    December 13, 2010 at 5:14 pm |
  158. Nick, Finesville New Jersey

    I most certainly hope so. This health care law has been butchered so much that now its some unrecognizable monster. Tax penalty's for people who do not have health care and taxing medical devices? That isn't American. It reminds me of "1984".

    December 13, 2010 at 5:14 pm |
  159. Luci

    Wonder where this Judge was when Bush made Senors buy Insurance for medicine. Remember the one with the big donut hole? I guess the judge was put in by Bush though. That explains.
    I remember Senor citizens having to scurry around hunting for and signing up with a pharmacy, even if they couldn't afford it.
    I see no difference what so ever.

    December 13, 2010 at 5:15 pm |
  160. John from Houston

    They should fix it so that inviduals pay the government, not private companies. Then the government would contract out to the private companies. Kind of like "the government option" that we really need, kind of like...uh... Medicare, which still uses private doctors.

    December 13, 2010 at 5:15 pm |
  161. Brandon

    Hey folkes!

    I just wanted to say that I am so glad that a judge has stepped forward and said NO to this thing. People argue that they don't want to have their tax payer dollars used to pay the medical bill of those that are too lazy to get their own health insurance. What about those out there that are struggling to pay their power bill, buy food, ...pay the water bill, car insurance (since it is required if you want to drive legally)? They can barely make it by month to month as it is. Why, unconstitutionally I might add, would you force Americans to buy something they cant afford?

    There are aspects of this thing that I like. But the one thing I cannot live with and would fight it with my last breath is the mandate that everyone MUST purchase health insurance by 2014. Sure people should have it but they cannot always afford it...

    December 13, 2010 at 5:15 pm |
  162. Gary Bazydlo

    Pesky Constitution. I think the health care reform law was ill-conceived, rushed and desparate in its effort to remain revenue neutral. I think health care reform is a good idea, but not one that needs to be balanced by requiring small buisnesses to 1099 every supplier of more than $600 (imagine indepent long haul truck drivers having to send out hundreds of 1099's every year) and on requiring individuals to pay for health coverage they do not want. We must reform the private system without inserting government in to the business of medicine and insurance. In the end, our nation was never meant to be government driven, and every time the Congress tries to be all things to all people it ends up only being a headache to all people.

    December 13, 2010 at 5:15 pm |
  163. Chris

    The ignorance in this country is astounding – starting with those semi-literate teabagging people. No, healthcare for everyone is not history, it is just getting started. Ultimately the educated and and the compassionate Americans will soundly and clearly defeat the despicable self-serving, right wing nut jobs and America will continue to evolve despite the sabre rattling of the creationists.

    December 13, 2010 at 5:15 pm |
  164. Jon

    So, when are Republicans going to go after the laws that force us to pay for car insurance? If those laws are Constitutional, the health insurance law would be too.

    Jon, Louisiana

    December 13, 2010 at 5:15 pm |
  165. Mike S

    Pete, quick civics lesson for you: The powers and restrictions on the federal and states governments in the Constitution are completely different. The federal government only has the power to do what it is expressly granted in the Constitution, the states can do anything unless expressly prohibited in it.

    States are under their full authority to mandate automobile insurance coverage for those individuals who choose to drive on public roads and highways, because nothing in the federal Constitution prohibits it. The federal government cannot compel individuals to engage in commerce they don't wish to, because the federal Constitution doesn't grant that power.

    December 13, 2010 at 5:15 pm |
  166. Deb in MT

    Not by a long shot: this will end up in the USSC, where even Scalia and Kennedy have interpreted the Commerce Clause rather expansively, and are likely rule the mandate is Constitutional. What's more interesting to me is this judge's part ownership of a GOP consulting firm (Campaign Solutions) that has been involved in trying to defeat health care reform. Maybe he should have recused himself from this case.

    That said, 2 out of the 3 judges so far have ruled in favor of the Constitutionality of the mandate.

    December 13, 2010 at 5:15 pm |
  167. Ken in Maryland

    I would say that the Supreme Court would have to review it, but todays Court will undoubtedly side with the right.

    "Obamacare" is not socialized medecine. It has nothing in common with the European or Canadian programs, although it probably should. Our current healthcare system is seriously broken. "Obamacare" will not make it worse.

    December 13, 2010 at 5:15 pm |
  168. Old2Sunny of Kentucky

    I dont want to have to buy car insurance either but according to the law I have to have it. While bayhner is crying about the health care maybe he can cry about that too. NOT

    December 13, 2010 at 5:16 pm |
  169. Herb - Tampa, FL

    You wish, Jack. There is no doubt that there will be changes over time, but the intent and benefits to reform can not be worse than the our current cost of doing business.

    December 13, 2010 at 5:16 pm |
  170. Steve

    If the health care law insurance reauirement is repealed how soon will I be able to cancel my auto insurance.

    December 13, 2010 at 5:16 pm |
  171. Ann

    YES! It is history, thank God.

    December 13, 2010 at 5:17 pm |
  172. Kathleen

    No The healthcar plan is not history .... our priorities are. If they can force me to buy insurance for my car then but not health insurance then America has it's priorities in the wrong place. Health insurance is a major reason why we are loosing the global competition. Wake up America!

    December 13, 2010 at 5:17 pm |
  173. Ted Marules


    In Texas we must purchase car insurance so what's the big deal? Texas rates are lower than the national average so maybe the health care bill will be good for us when everyone is forced to sign up. I don't like the Texas plan but it does work. Are you sure you are not a republican in disguise?


    December 13, 2010 at 5:17 pm |
  174. Jacquelin Borth

    If the courts are able to strike down the portion of the health care law that requires everyone to have the coverage, then what would keep them from doing the same thing to our auto insurance liability requirements? In Kansas, and other states we are required to have liability insurance if we drive a car. Of course, we could choose not to drive. Then it would follow that a person who chooses not to have health insurance, could not expect to recveive health care unless he could pay for it himself.

    December 13, 2010 at 5:17 pm |
  175. Andy--Mt. Pleasant, SC


    Does this ruling mean that it is unconstitutional for government to force me to buy comprehensive automobile insurance?

    December 13, 2010 at 5:17 pm |
  176. Norm, Maryland

    Gee Jack, I need to carry auto insurance to operate a vehicle legally...as far as I know...in every state. So, what's the difference? It seems to me that hospitals should have the right and obligation to reject anyone who does not have some kind of finances for paying for service. Quite frankly, I'm tired of paying for freeloaders.

    December 13, 2010 at 5:18 pm |
  177. Susan from Idaho

    If the subject moves John Boehner to tears it's defiantly in jeopardy.

    December 13, 2010 at 5:18 pm |
  178. Greg in Arkansas

    I hope not, otherwise, only the wealthy will be able to afford to be healthy.

    December 13, 2010 at 5:18 pm |
  179. Steve, New York

    No, Obama's plan is not history. The rich and the middle class will bale it out. The poor and the deviousand the lazies that know how to use the system will get their health premiums payed for by you and me.

    December 13, 2010 at 5:19 pm |
  180. Carmine

    The health care plan was never written to solve our health care crisis. The actual bill amounts to throwing gasoline on the burning fire of health care expenses. The more people that are insured the more medical procedures will be performed, many needlessly. casuing our expense to spiral upward in an uncontrolled manner. The answr still lies with dis-allowing the employer sponsored plans so individual can buy health insurance in a free market where they will begin to demand value for their health care dollar an allowing employers to get out from health care cpsts so they can compete in the new world economy.

    December 13, 2010 at 5:19 pm |
  181. Dr. Robb

    Yada! Yada! Yada! Here we go again. I'm going to the bathroom and just stay there. History or not, would you just knock on the door when I can come out again.

    Columbia, SC

    December 13, 2010 at 5:19 pm |
  182. Jed in Chico, CA

    I didn't hear anything from anyone back in October when the exact same provision was declared constitutional by a federal judge in Michigan. With dozens of anti-healthcare reform lawsuits pending, it only makes sense that at least one of them would succeed at some level at some point.

    While I don't know anyone who just loves all of 'Obamacare,' ruling it unconstitutional is just plain silly. If a state like Massachussetts can require its citizens purchase health insurance, then the federal government can too. What's good for the goose is good for the gander, Jack.

    December 13, 2010 at 5:19 pm |
  183. hasabrain

    For goodness sakes,
    No, it's not dead, and if republcans kill it, dems will get back in, in 2012. We are ALREADY PAYING for uninsured through higher taxes, higher healthcare costs, and higher insurance premiums. If we don't keep HC reform, then I want the mandatory car insurance laws repealed as well. Then at least the arguement would have 'some' consistency. It makes sense to have car insurance, just like healthcare.

    December 13, 2010 at 5:20 pm |
  184. deb

    This is ruling by a Bush appointed federal judge in a low level district court. Two other federal judges had the opposite ruling. The mandate wouldn't take effect into 2014. The other parts of HCR bill will be in effect. This ruling is a non issue.

    December 13, 2010 at 5:20 pm |
  185. Rick

    Is this judge owend by the lobbiest. Law says i have to have auto insurance. Do they have it in his state. Snozze you lose. Thats the way i see it. Just make it afordible.

    December 13, 2010 at 5:21 pm |
  186. Dick Vaughan

    Many of us certainly hope so. Government intrusion into our lives is way out of control and that is evident in everything that is discussed daily around the water coolers of America.

    December 13, 2010 at 5:21 pm |
  187. Ronald

    I only wish it was history. This piece of obamacare Garbadge is being shoved down the throats of americans. Health care costs have increased due to this and it was already expensive for the average american before. If they cant make a uniform system like europe and canada then they might as well return it to the way it was

    December 13, 2010 at 5:21 pm |
  188. wfhutchi

    This judge is citing his view of USA history and tradition (sounds like the same arguments used to maintain slavery and jim crow). To overturn Obamacare, the question is, how it violates the Bill of Rights? It does not.

    December 13, 2010 at 5:21 pm |
  189. David Becker

    Yep it's history, thanks to the GOP, the party of NO, and the Lobbyists, who filled the pockets of the GOP to go after the Bill in toto.
    The Lobbyists, paid for by the Health Care Industry, who reap TRILLIONS caring for the healthy, and rejecting the sick, those with pre existing conditions, have tons of money to burn.They want to insure the healthy, to protect their bottom line, at the cost of the ill and sick amongst us. To bad the majority of America is to stupid to get it, or to Republican and rich to care.
    Rest assured, the coming collapse of Society, at the hands of the have nots, will reap a terrible sword of revenge on the rich, and in the end, make us all equal after all

    December 13, 2010 at 5:21 pm |
  190. paul G.

    Maybe, it mostly depends on Barack, if he continues bowing to the G.O.P. workers and the poor will lose even more than we have over the last 30 years. Plus, how can the states force auto insurance on us? I've always felt it was federally enforced extortion. Sure if it robs the poor and gives to the rich the repubs are all for it but as soon as it might benefit the good people, they scream bloody murder. Why is it they can claim to be human? They (the g.o.p.) have no humanity. Oh that's right they don't consider anybody that doesn't have billions human so we don't count to them.

    December 13, 2010 at 5:22 pm |
  191. bob spear

    No! Two other Fedferal courts have held the opposite. So this is just an intermediate skirmish in a long-running battle.

    Why do I need to pay for social security and $medicarre, both of which are m$anmdatpory insurance prtograms. This ruling makes no sense.

    –Bob in swanton, maryland

    December 13, 2010 at 5:22 pm |
  192. Richard Show

    Hi Jack,if the states can mandate car insurnce why can't the Goverment mandate health insurance,politics as usual in Washington,probably a republican judge,Pulaski,Pa

    December 13, 2010 at 5:22 pm |
  193. Tim Arnold

    Dead? Probably, since the Republicans have mastered the ability to deny this administration, and America, an opportunity to improve our lives and our station in the world. Their political chutzpah is a disgrace to this country. They would deny the masses health care, the unemployed extended support, 9/11 heroes medical support and gays and lesbians the right to defend the very freedoms they boast about. And if they really had their way we would have no financial reforms, no limitations on big pharma, permanent tax cuts for the wealthy (bloating the very deficit they've pledged to reduce), zero gun control and zero attempts to slow global warming – which most of them don't believe even exists. This sounds to me like a mantra from morons.
    Tim Arnold, Croton on Hudson, NY

    December 13, 2010 at 5:23 pm |
  194. Diane-Michigan

    I hope not Jack. I have insurance now but can only afford the highest deductible so have not been getting my yearly health screenings or going to the doctor because the out of pocket costs would be prohibitive. Now starting on Jan 1st these screenings and tests are included in my insurance at no deductible. Finally I and thousands of others will be able to get the preventive tests and screenings they need. This alone will save thousands of lives every year.

    December 13, 2010 at 5:23 pm |
  195. ed and barb

    God willing! This could be the end of our country. Has Mr. Obama not learned from the other countries that have nearly gone bankrupt? Has he not learned that he is not a dictator? Our forfathers did not give their all so that they would profit. They did it for this country. They were "public servants".

    December 13, 2010 at 5:23 pm |
  196. Jim Blevins

    Most Americans are no longer willing to accept Americans dying for lack of health care.

    Jim, Craig, CO

    December 13, 2010 at 5:23 pm |
  197. Jacqueline Mongeot

    No, i do not think so. It'll be history ONLY if Americans decide it will be scratched forever- which would leave millions without any insurance, or if they decide to make the Insurance Industry richer and out of control so they can finance political campaigns as they have in the past. On the contrary, if Americans use their common sense they would demand Universal Health Insurance handled by a Non Profit Organization as it is in some European countries. Health Insurance in America should not be a political football to be kicked around forever. Let's be serious!
    Jacqueline M. San Diego, CA

    December 13, 2010 at 5:23 pm |
  198. dt calvert

    no more car taxes then

    December 13, 2010 at 5:23 pm |
  199. Walter A Jones

    I certainly hope not. We do NOT have the world's best health care– we lag behind at least 15 other developed countries. We do NOT have the world's cheapest health care, nor the best coverage for people. We DO have a bloated insurance industry and drug industry, making billions off the illness of people, and arbitrarily deciding who should and should not get treatment. We also have CEO's of insurance and drug companies making huge fortunes. The idea that this new health care legislation is socialized medicine is simply a lie fostered to help the insurance and drug companies to continue to make fortunes off the unfortunate.

    December 13, 2010 at 5:24 pm |
  200. Dick Vaughan

    Many of us certainly hope so. Government intrusion into our lives is out of control and that is the main discussion around the water coolers of America.

    December 13, 2010 at 5:24 pm |
  201. Mike

    Not over, not history. My question is where was all this media attention when other rulings went in favor of Health Care Reform?

    When will other media outlets stop taking their cues from Fox, do their jobs as journalists and report on stories that have validity, instead of rewarding people who yell the loudest? This is just like the whole "Death Panel" conversation again. At what point do we stop indulging in people's make – believe?

    No matter, the GOP will yell and work itself into a fever until this non – issue is at the tip of the tongue of every major "News" caster. Atrocious.

    Los Angeles, CA

    December 13, 2010 at 5:25 pm |
  202. Lloyd Creech Senior Canadian

    It seems that the scare tac tics and the Republican appointed judges and congress will kill Healthcare in the United States. At present the United States has the 2nd most expensive system in the world and ranks 39 in healthcare coverage.

    Americans seem to have changed so much in the last few years.
    What do they care if about 30 million of their fellow citizens have no healthcare? What if monthly premiums are going up continually so many more are losing their healthcare insurance? Who cares if there is no coverage because of an existing condition? Who cares if people are losing their coverage because of medical expenses are too costly? Who cares if thousands have to declare bankruptcy because of medical expenses?

    As a senior couple in Canada we pay just under $100.00 per month.
    After a few hundred dollars our prescription drugs are paid for.
    We have both had to have surgery and had a wait of a couple of months at most.

    December 13, 2010 at 5:25 pm |
  203. conrad plonski

    If health care is unconstitutional because it forces people to buy health insurance .Mandatory auto insurance should also be repealed.

    December 13, 2010 at 5:26 pm |
  204. Justin from Co.

    I don't know if it's history or not, but what I'm wondering is where is the conservative outrage over this obvious judicial activism? If a liberal leaning judge had ruled that the health plan was constitutional you know you would hear the conservative howls. Could their outrage that they always proclaim for judicial activism be somewhere lost in their obvious partisan hypocrisy?

    December 13, 2010 at 5:26 pm |
  205. jim

    Jack, the court has only ruled against the provision that would require all persons to have health insurance of some kind and this issue will ultimately be decided by the supreme court. It astounds me that so many people seem ignorant of the fact that health care costs, as they are, are unsustainable unless some changes are made. Very soon, only the rich will be able to afford health insurance if things don't change and the very poor, which we will pay for just like we do now. It's a good time now for the democrats to amend this bill to include the publci option, which most americans wanted in the first place and force the Republicans to either accept it or reject it. If they reject it, they will show the American people that they don't care about the middle class and in doing so, shape the debate for the 2012 elections. It could be a win for the dems.

    December 13, 2010 at 5:27 pm |
  206. Laurel

    I definitely want to see this provision forcing people to buy insurance repealed. I absolutely believe it is unconstitutional. If this means bringing down the whole healthcare bill with it, so be it.

    December 13, 2010 at 5:27 pm |
  207. Spads

    Yeah, this angers me greatly. I am afraid this "judge's" ruling is history Jack, or auto liability insurance can no longer be mandatory, to say the least. The day this nation stops being “of by and for the PEOPLE”, in favor of “by and for capitalism”, is the day it becomes the duty of the people to abolish it. Our forefathers did not intend this nation to be a corporate republic nor did our veterans fight to defend a “corporate” republic. The will of the people shall be paramount, one way or another.

    December 13, 2010 at 5:30 pm |
  208. Gigi Oregon

    I don't believe the America people want it repealed. But to make it better will be more to the point. If doctors want to make a living they will support national health care. We the people can not afford to go to the doctor or pay for prescriptions. Thanks to corporate America.
    With attitude of the Republicans gloating we will soon hit rock bottom. What they didn't kill under Bush/Chaney they will under Boehner.
    I'm really tired of the fear tactics being used on the people today by the Republicans and the media. We need to get a back bone like the our parents and grand parents had living through the great depression and WWII.

    December 13, 2010 at 5:30 pm |
  209. Herb - Tampa, FL

    You are off the charts on this one. If it was not for the GOP the National Debt would be 90% less than it is now and the current bill would not contain the tax cuts for the rich if Obama had his way. Could it be that we have not heard one complaint from the Tea Party about what is about to happen to the Deficit and Debt because they never gave a damn in the first place. Just more smoke and mirrors to obscure the real intent of the bigots, and birthers.

    December 13, 2010 at 5:30 pm |
  210. Lloyd - Great Falls MT

    Is President Obama's health care law history?

    It was badly designed and should die in the courts. Our government
    should stay out of the health care business. Look at the mess that
    medicare and medicaid are in. The government screws up everything
    they touch.

    December 13, 2010 at 5:31 pm |
  211. Drew Staffenberg

    What is the difference between mandating health insurance premiums and mandating social security premiums or mandating unemployment insurance premiums. They are all same. The Virginia Judge needs to do a better job of hiding his bias.
    I hope for all of sakes, the landmark health care bill is not dead.

    Princeton Junction
    New Jersey

    December 13, 2010 at 5:32 pm |
  212. winnifred Simpson

    Doesn't make any difference if it is. Insurance Co's win no matter what. My Medicare comp insurance just went up for 2011. I thought the bill was to help lower the cost of Insurance so all could afford it.

    December 13, 2010 at 5:34 pm |
  213. Matt, FL

    History? maybe parts of it maybe all but as always we can ount on the Government to not listen to the cries of the people for a Single-Payer Health care system but to pull an 'Obama' or, "Compromise".

    December 13, 2010 at 5:37 pm |
  214. Jim

    Hopefully yes but only if the lawmakers of this nation pass legislation that forbids Healthcare providers from passing on the cost of providing heathcare to those who can't pay to those who do. Man has a heart attack and has no way to pay then healthcare providers should refuse assistance.

    December 13, 2010 at 5:37 pm |
  215. Matt, FL

    History? maybe parts of it maybe all but as always we can count on the Government to not listen to the cries of the people for a Single-Payer Health care system but to pull an 'Obama' or, "Compromise".

    December 13, 2010 at 5:38 pm |
  216. Chris from NY

    I am sure, GOP and you Jack, would want it to be. However, it would not be history, not when President Obama still has the veto pen.

    December 13, 2010 at 5:39 pm |
  217. dennis wahington dc

    Ok jack please help me here? Does this mean if I move to the Commonwealth of Virginia I am no longer required by law to have auto insurance. So when the cops impounds my car, writes me a ticket, and takes my license away. I can look him/or her in the eye and tell him that’s un-constitutional, Then again I’m not a lawyer or a member of the tea party. Maybe if we give deeper tax cuts to this rich all the healthcare crap will just go away.

    December 13, 2010 at 5:40 pm |
  218. andrew in nc

    Dead? No. Wounded? You bet! Will it die of its wounds? I certainly hope so; a slow and painful death. Maybe then Pelosi and Reid will finally be able to understand how the majority of the American people feel about the Health Care Act. Apparently, the November mid-terms weren't loud enough for either of them to hear. DO YOU HEAR THIS?

    December 13, 2010 at 5:41 pm |
  219. Gabriel M.

    On the surface I believe the health care law to be one created out of good intentions for the American people, though I can discern why the "individual mandate" may open a can of worms. Ensuring that every American is insured remedies discrepancies spawned from such things as pre-existing conditions – seen this way, the "individual mandate" seems to only be supported on moral grounds rather than legal ones. In America, it's morally just to entitle citizens to affordable medical coverage – even if one, in terms of social view, may need to be forced into it, as it is a measure serving individual benefit. This ruling brings to the forefront, the very fact that justice and legality are two very different concepts.

    December 13, 2010 at 5:42 pm |
  220. Ted

    Jack Remember what Nancy P. said " YOU HAVE TO PASS IT TO SEE WHAT IS IN IT" The President made one mistake....He trusted Reid and Pelosi......The titanic was also called un-sinkable....The president says this healthcare law is un-sinkable too.. A lot of people will be hurt...I hope they can undo this mess before it hits the burg.

    December 13, 2010 at 5:42 pm |
  221. Spads

    No judicial activism from Virginia please. National decisions shall not be the purview of a "Virginia judge". If the people choose national healthcare over capitalism then so be it. It is the right of the people, not some Virginia judge to decide whether or not our nation is the only nation on earth not to have a national healthcare system.

    December 13, 2010 at 5:45 pm |
  222. Bonnie, Michigan

    Unfortunately, Yes. Will auto insurance be next?

    December 13, 2010 at 5:46 pm |
  223. honest John in Vermont

    I don't think the whole bill is finished–just the part that forces all people to pay the insurance companies for health insurance. Afterall, this is America...still. But any way you cut it this bill is a HUGE win for the insurance companies and no one else.

    December 13, 2010 at 5:47 pm |
  224. Tommy

    Not so fast my friend, The ruling is based on Virginia state law. If the supreme court rules the same then we can debate your question. The problem is the lack of understanding of government in this country. I am a political science major and read the health care bill (it is the about the length of a 400 page novel, because of the way it is written), and if this health care bill is socialized medicine then Donald Trump is Karl Marx. People need to read the bill instead of getting there summary from pundits who have an agenda instead of an understanding of the legislation.

    Tommy, Huntsville, Alabama

    December 13, 2010 at 5:47 pm |
  225. Ann from Atlanta, TX

    If the Republicans have their way it will be. The Republicans do not care about the middle class or the poor. The only people they are about are themselves and their rich buddies who line their pockets. What I don't understand is the short-term memory so many voters have. Do they not remember the Republican's record of being only for the rich and not giving a damn about the middle class and poor?

    December 13, 2010 at 5:49 pm |
  226. Dee in New Paris Ohio

    I sincerely hope not!

    First, I believe it is a national disgrace that we do not have national health care for ALL citizens. How to pay for it? Well, those who already are paying out the nose for health care could just have their premiums go to the government to pay for health care. and those who cannot afford health care and who get health care paid for by the taxpayer can just continue as they are now.

    Second, for the health care insurance companies a repeal would be the golden goose! Figure out how much of our current prem,iums go just to pay the insurance companies for clerical services and profit. Then figure out how much we currently pay IN ADDITION to our premiums for the actual health care!

    Its math. Do the math!

    December 13, 2010 at 5:49 pm |
  227. Spads

    Capitalism is a great toy for selling trinkets and getting rich, but it is no way to run a public service as important as national defense. This judge is incompetent.

    December 13, 2010 at 5:52 pm |
  228. Kevin L

    The path of this historic law has yet to be proven.
    Obama's plan was the "frame-work" to tackle the real issues
    of healthcare; meaning access and costs.
    The focus seems to always be on the "President's Law" and not
    the impact on society; we started with lets say 15 items and we will
    end up with more like 8 "true" items that are efficient and cost effective treatment for everyone's situation. POTUS lead the way with what we now have; it's congress' turn to go to work.

    December 13, 2010 at 5:52 pm |
  229. Carol Auburndale, Fl

    Now you see why we need we need nationalized medicine like they have in other countries. The insurance companies rape, pilage, and plunder us and the republicans think that is fine. My eye and dental coverage went up 40%. I think I will just go blind and be toothless. That seems to be what the pubs want is the working class to just DIE. But, they forget they need my tax money to pay for the wealthy welfare they want to give out.

    December 13, 2010 at 5:56 pm |
  230. Loren

    We can only hope. The so-called Health Care reform was so full of compromises with the health care industry that it is guaranteed to end up costing everyone more.

    Ultimately, health care needs reform for a basic moral issue: is it right to make a profit on the illness suffered by others? Mutual aid societies seems to be an appropriate solution, but until both Republicans and Democrats recognize the moral dilemma posed by our current system, then true reform won't happen.

    December 13, 2010 at 5:57 pm |
  231. Dylan In Bakersfield, CA

    Unfortunatley Jack,
    because of the upcoming republican majority i belive that the health care bill is doomed unless both both sides fing it in their heart to stop bickering over taxes and find a compromise, a LEGITIMATE COMPROMISE, not like the one obama now approves of. i mean if we cant even find it in our heart to support 9-11 victims, how are we going to help everybody.

    December 13, 2010 at 5:58 pm |