Posts Tagged ‘Hudson’
December 13th, 2010 at 4:46 pm
In Rejecting ObamaCare, Federal Judge Rejects Orwellian Illogic
Posted by Print

In his opinion declaring ObamaCare’s central provision (the individual mandate) unconstitutional, United States District Judge Henry Hudson today vindicated the core concept of individual freedom that provides the foundation of our constitutional republic.  More than that, however, Judge Hudson provided a refreshing break from that loathsome parade of shameless judges who have insulted Americans’ intelligence through recent decades by mangling the English language beyond any logical recognition.

Namely, Judge Hudson rejected the Obama Administration’s central argument that economic inactivity somehow amounts to “economic activity.”  On Page 11 of his ruling, Judge Hudson neatly summarized the Administration’s core logic: “Critical to the Secretary’s argument is the notion that an individual’s notion not to purchase health insurance is in effect ‘economic activity.'”  Just as neatly, he rejected that Orwellian illogic in terms that should be etched permanently as a reminder on Obama’s teleprompter:  “This broad definition of the economic activity subject to Congressional regulation lacks logical limitation and is unsupported by Commerce Clause jurisprudence.”

Individual freedom and linguistic logic won a historic victory today.  For if inactivity was somehow contorted to constitute “commerce,” then there is no limit whatsoever to Congress’s reach.

The fight continues, but we should also stop to savor this important moment.