Virginia Federal District Judge declares One Provision of Affordable Care Act “Unconstitutional”

Bush appointee is first of fifteen federal district judges to do so                                                                                                      
 
(From the Campaign for Better Health Care)
 
Chicago, IL – A federal district judge in Virginia became the first judge in the country to declare the individual mandate of the Affordable Care Act unconstitutional. 
 
Judge Henry E. Hudson, who was appointed to the bench by President George W. Bush, owns a sizable stake of the Republican political consulting firm Campaign Solutions, Inc.  Campaign Solutions’ clients from the most recent election cycle include John Boehner, Michelle Bachmann, John McCain, and many other GOP candidates who ran on the promise to repeal the Affordable Care Act.  Ken Cuccinelli, the Virginia attorney general who filed the lawsuit that Hudson ruled in favor of today, is a Campaign Solutions client who in 2010 paid the firm $9,000 for services rendered.
 
Despite his ruling on the individual mandate, Judge Hudson declined a request by the plaintiff to freeze implementation of the law pending appeal – meaning that the continuing rollout of the new law will not be stopped because of this ruling. 
 
Prior to today’s Virginia federal court ruling, 14 other federal district judges rejected lawsuits charging that the Affordable Care Act is unconstitutional. Today’s ruling bears no more authority than the other 14 court rulings by federal judges who all determined that the Affordable Care Act is constitutional or rejected the lawsuits on procedural grounds. 
 
Jim Duffett, Executive Director for the Campaign for Better Health Care, said, “Just like they did with the Civil Rights Act and the 19th Amendment which gave women the right to vote, the opponents of fairness will continue to try every means available to overturn federal law that has brought fairness, equally and justice to our great nation.”
 
“Just like in these historical cases, if this case even makes it to the Supreme Court, the Supreme Court will rule like the other 14 federal judges have ruled.  Today’s ruling is more political hype than sound legal judgment,” Duffett concluded.
 
 
 
About the Campaign for Better Health Care
We believe that accessible, affordable, quality health care is a basic human right for ALL people.  The Campaign for Better Health Care the state’s largest coalition representing over 300 diverse organizations, organizing to help create and advocate for an accessible, quality health care system for all.  For more information, visit www.cbhconline.org.