Could the Obama Health Care Reforms Be Stopped Before They Start? This Man Will Decide
Judge Henry E. Hudson may be the most powerful man you have never heard of. As a federal district court judge in Richmond, VA, he will decide — before year’s end, he now asserts — on a challenge to the recently passed federal health care law. The suit, brought by Virginia’s attorney general, Kenneth T. Cuccinelli II, asserts that the provision of the law requiring people to buy health insurance is unconstitutional. While the Supreme Court has ruled that the Commerce Clause of the Constitution allows that body to regulate “activities that substantially affect interstate commerce,” the question that Hudson must decide is: does the failure to do something — in this case, the act of buying insurance — constitute an “activity,” albeit a passive one, that can be lawfully regulated by Congress?