Some headlines are saying that a federal court has struck down the health care law. Some others are saying part of the law is “struck down.”
Here’s what happened. A federal district judge in Virginia declared the individual mandate to be unconstitutional. However, two other federal district judges have declared it to be constitutional. We’re far from the last word, however.
Also, according to Ezra Klein, the Virginia judge refused to strike down the entire law, which is want the prosecutors wanted. He also refused to stop implementation of any part of the health care reform law, pending appeal. Nothing really has changed.
This eventually will go to the Supreme Court. Of course, just about anything could happen there.
Update: Gawker says the judge in this case owns a piece of a GOP consulting firm.
I’m not a lawyer–maybe one of your readers is. What gives this hic judge in Virginia the belief he has STANDING to even try to take down federal law? Can I find a friendly judge in MY state that will make the Federal Government, say, dismatle all its nuclear weapons?
Ah, I guess that Virginia Attorney General Ken “Cooch” Cuccinelli might probably be a very confused fellow right about now.
You see, “Cooch” hates ‘teh gays’ and their man-dating, and now he is probably erect himself at the thought that a judge in his state has declared individual ‘mandates’ to be unconstitutional.
“Cooch” ain’t exactly the brightest starfish around Virginia Beach…
And you’re right maha. If this gets in front of the SCOTUS, it’ll be a crapshoot, though I can guess it’ll land as snake-eyes for Democrats and people. Corporations always roll a 7!
I think technically it would be “plaintiff”, not prosecutor.
tom b: Federal District court judges rule on federal law. The “hic” judge is an Article III federal district court judge.