A federal district judge in Virginia ruled on Monday that the keystone provision in the Obama health care law is unconstitutional, becoming the first court in the country to invalidate any part of the sprawling act and ensuring that appellate courts will receive contradictory opinions from below.
Judge Henry E. Hudson, who was appointed to the bench by President George W. Bush, declined the plaintiff’s request to freeze implementation of the law pending appeal, meaning that there should be no immediate effect on the ongoing rollout of the law. But the ruling is likely to create confusion among the public and further destabilize political support for legislation that is under fierce attack from Republicans in Congress and in many statehouses.
None of this really matters until Clarence Thomas and Antonin Scalia invent a way to overturn HCR without making a precedent that will hamper future Republican presidents.
BTW- wouldn’t a public option or single payer get rid of this nasty little problem?
*** Update ***
I see I was beaten to the punch by DougJ. I should have scrolled past the Orszag post, I guess.
*** Update ***
There seems to be some confusion here. I support a public option. I support single payer. Hell, after what we have seen the last few years, I’m in favor of nationalizing the whole damned industry and giving all the op-ed writing wingnut doctors a huge sad. I just never thought there were votes for the PO in either the regular bill or reconciliation.