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Activist Judges

U.S. District Judge Henry Hudson, who was appointed in 2002 by George W. Bush because his name sounds like a cartoon character, ruled that the individual mandate in the health care overhaul unconstitutionally exceeds Congress's power to regulate commerce. When we were all discussing this a while back, the consensus seemed to be that the provision was unlikely to be overturned. Patrick even gave us this alleged Ch*merinsky quote: "There are many close constitutional questions. But this is not among them."

He might be right, but with so many conservative attorneys general challenging the law, it was bound to catch on with at least one federal judge. Next up: the most conservative Supreme Court in decades. Predictions?

Full post as published by Nuts & Boalts on December 13, 2010 (boomark / email).