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“At its core, this dispute is not simply about regulating the business of insurance—or crafting a scheme of universal health insurance coverage—it’s about an individual’s right to choose to participate.”

A federal judge in the Eastern Virginia District Court released a summary judgment Monday declaring the individual mandate portion of the health care law passed by Congress in March 2009, unconstitutional. Judge Henry E. Hudson stated that Congress overstepped the limitations of the Constitution, particularly as pertains to the Commerce Clause and further Congress lacked precedent for ,”regulation of a person’s decision not to purchase a product, notwithstanding its effect on interstate commerce or role in a global regulatory scheme.”

One particular aspect of the ruling has historical relevance; Judge Hudson declared that the U.S. government could not cite its power to tax as justification for levying fines or penalties in making legal arguments when the same label was not applied during the legislative process. Interestingly, a similar phenomenon occurred during the debate and legal struggle over Social Security.  As Walter Williams pointed out in an article in 2000 formerly http://www.capitalismmagazine.com/politics/social-security/754-Social-Security-Lies.html, “Americans were led to believe Social Security was like a retirement account and money placed in it was our property.” Social Security was sold as an insurance program.

Unfortunately, the Supreme Court did not rule at that time in the same way Judge Hudson ruled on Monday. The Court accepted the Government’s argument that Social Security was not insurance, it was a tax. The deception of the American people was allowed to stand. Not only do many Americans not realize this fact, many are not likely aware that the Supreme Court ruling could have turned out differently had it occurred earlier or if not for the actions of President Franklin Roosevelt.

Having had a number of his New Deal programs declared unconstitutional by the Supreme Court, Roosevelt launched a scheme to intimidate the sitting justices and to pack the Court with friendly judges. He attempted to garner Congressional support for the effort with the Judiciary Reorganization Bill of 1937. The Wikipedia article on Social Security mentions the court packing scheme in its explanation of the Supreme Court rulings on Social Security cases. Roosevelt’s message to Congress proposing to first appoint an additional judge for every judge over the age of 70 and subsequent introduction of the bill occurred early in the year and preceded the Social Security rulings. Roosevelt’s scheme shocked even many of his supporters in Congress and the bill failed to pass, but there is obviously solid reasoning behind the notion that the effort by Roosevelt was successful in causing a shift formerly http://books.google.com/books?id=4kqTMrEKWXoC&pg=PA323&lpg=PA323&dq=thomas+sowell+roosevelt+court+packing&source=bl&ots=hicDeNhk8z&sig=B5iyx9pd0Z3ZlByk48Pf86DtJ-8&hl=en&ei=Ll4HTdzPL5K6sQPxx6XFDg&sa=X&oi=book_result&ct=result&resnum=1&sqi=2&ved=0CBcQ6AEwAA#v=onepage&q=roosevelt%20court&f=falsein the Court’s rulings.

Judge Hudson’s ruling is a hopeful sign for people who can see the madness of the health care law and who have lost faith that judges will rule within the confines of the Constitution’s original meaning.While it is hopeful, it is not a panacea. Multiple levels of action to stop health care’s implementation are still called for. There are still many steps left before the case winds its way through the system and there is no guarantee future appeals will be so hopeful.

While there are parallels to Social Security in more ways than one, where the health care reform differs from Social Security is that it requires, by force of law, a purchase. Of course, this fact means the health care law is on even shakier ground.

Judge Hudson’s ruling was 42 pages long and we have as of yet to digest it in its entirety. Linda is currently working on an analysis of it, as well as gathering information about other cases and their status and we will publish an article in the near future with the results.