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The fatal flaws of ObamaCare (cont.)

Last month I updated a series of posts outlining the six fatal flaws of ObamaCare. One of the fatal flaws was the unconstitutionality of mandating that people buy health insurance just because they are alive. Today this was confirmed by U.S. District Judge Henry Hudson in Richmond VA, who found that the minimum essential coverage provision of the act "exceeds the constitutional boundaries of congressional power."

While this is certainly cause for cheer among those who cherish individual liberty, there are still quite a few hurdles left before the law is definitively struck down for constitutional reasons. Another important ruling is expected this week in similar case in Florida, where 20 states have joined an effort to have the statute thrown out.

Another issue that remains to be clarified is whether nullifying the individual mandate would essentially render the law inoperable, because it would make it impossible to mandate that insurance companies refuse insurance to those with pre-existing conditions. Last week the White House conceded that it would. Randy Barnett has a nice discussion on this issue here.

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