From Judge Henry Hudson, an early Christmas gift to America [pdf of decision]:
Despite the laudable intentions of Congress in enacting a comprehensive and transformative health care regime, the legislative process must still act withing constitutional bounds. Salutatory goals and creative drafting have never been sufficient to offset an absence of enumerated powers. – page 21
And a few pages later we get this:
In her argument, the Secretary urges an expansive interpretation of the concept of activity. She posits that every individual in the United States will require health care at some point in their lifetime, if not today, perhaps next week or even next year. Her theory further postulates that because near universal participation is critical to the underwriting process, the collective effect of refusal to purchase health insurance affects the national market. Therefore, she argues, requiring advance purchase of insurance based upon a future contingency is an activity that will inevitably affect interstate commerce. Of course, the same reasoning could apply to transportation, housing, or nutritional decisions. This broad definition of the economic activity subject to congressional regulation lacks logical limitation and is unsupported by Commerce Clause jurisprudence.
It should be noted that Judge Hudson is already under attack by the Center for American Progess, which set up a conference call trashing his decision, it appears, the moment it was released. Their complaints being echoed by the usual suspects at the Washington Post. Over at Gawker, they’re rehashing claims that Judge Hudson has a connection to Sarah Palin and Republican politics.
Expect to see Judge Hudson get the full “Joe the Plumber” treatment at the hands of the left. This decision cuts to the core of their beliefs about government, so don’t be surprised if it gets personal and nasty fast.
[HT: Ed Driscoll at PJM for the decision]