The New York Times reports that Hon. Henry E. Hudson, who was appointed to the Federal Bench in Virginia by President George W. Bush, has ruled that a main provision in the Obama Health Care law is unconstitutional. Hudson, the first to invalidate any part of the law, declined the plaintiff’s request to enjoin implementation of the law pending appeal. He wrote that the law’s requirement that most Americans obtain health insurance exceeds the regulatory authority granted to Congress under the Commerce Clause. Two district courts, one in Michigan and another in Virginia, have upheld the law.
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