Judge Henry Hudson Rules against the Patient Protection and Affordable Care Act Home Care Path

On Monday December 13, 2010 U.S. District Court Judge Henry Hudson Of The Eastern District of Virginia ruled against the Patient Protection and Affordable Care Act. The case was brought to Judge Henry Hudson by Virgina Attorney General Ken Cuccinelli.

Attorney General Ken Cuccinelli was questioning congressional authority regarding an individual amendment to the internal revenue code that would tax citizens who do not have a valid pay source (health insurance) for being treated by a doctor in a clinic, hospital or nursing home.

Under the change the citizen can buy health insurance or they can pay a tax roughly equal to the cost of health insurance, which is then used to subsidize the government's health care program and families who wish to purchase health insurance. It is suggested this is similar to industrial taxes placed on businesses that do not comply with pollution standards.

Those arguing for state everyone will need medical services at some point in their lives and therefore is either a current or future participant in the health care delivery system market and therefore subject to taxation. The citizens with no valid pay source cannot be left to die on the hospital entrance.

Those arguing against state the U.S. government cannot declare a citizen a user of health care delivery service (clinic, hospital, nursing home) just to regulate behavior through a commerce clause. A person should be able to purchase health care service only when needed.

Portion of Judge Henry Hudsons Ruling: The unchecked expansion of congressional power to the limits suggested by the Minimum Essential Coverage Provision would invite unbridled exercise of federal police powers. At its core, this dispute is not simply about regulating the business of insurance, or crafting a scheme of universal health coverage, it is about an individual's right to choose to participate.

Readers recall that The Constitution is perceived to give the United States Congress the power to tax (collect money) and spend (redistribute money) for the genral welfare.

Home Care Path www.homecarepath.com encourages seniors to continue to follow this legal proceeding as it unfolds.