Health Care Reform now only batting .667

Henry E. Hudson became the third federal judge to rule on the constitutionality of the Patient Protection and Affordable Care Act of 2010 (derided as ObamaCare). He is the first one to rule it unconstitutional, and not coincidentally he is the first judge appointed by George W. Bush to rule on the matter. So you don’t have to register with the Eastern District of Virginia’s PACER system, you can read the opinion at the New York Times‘s site.

There is really nothing more to add than what I already said before the opinion was rendered. Constitutional law decisions, in my view, support the law, but owing to the stridently politically way it was rolled out, the odd way the legislation was structured and the jettisoning by prima dona Democrats like Ben Nelson and Joe Lieberman of a small by technically significant provision (the public option), a politically motivated judge is able to ride the wind that the Administration, which is showing itself to be even worse than Jimmy Carter at shaping public opinion, was unable to control and construct an opinion plausible to those not familiar with Commerce Clause jurisprudence.

It will not get better from here on it. It’s not like the appellate courts have a better percentage of moderate judges than the lower courts. As the war-whoop of the right wingers (who will continually taught the freedom of Americans to choose to become ill without recourse) becomes louder, the setting for the decision will become framed by the opponents. And when it reaches the Supreme Court, it will face at least some of the judges who crafted the unprincipled decision of Bush v. Gore, 531 U.S. 98 (2000).

Have we ever seen a legislative session like 2009 when one party holds both houses of Congress and the White House, yet conveys the impression of its own ineptness, disorganization and unpopularity? As we watched one Democrat after another fall over himself trying to show he was more like a Republican than the others, was there any conclusion that the American people should have drawn other than the one they made a month ago: Why should we settle for imitations when we can have the original?

And to demonstrate that political tone-deafness is not curable, the White House continues down this path with the tax “compromise” of last week.

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