Virginia Court Rules Portions of 'Obamacare' Unconstitutional

The battle for national healthcare had its first shot in the decision rendered by U.S. District Judge Henry Hudson in Virginia Monday, Dec. 13, 2010. This opinion contradicts several other rulings by other Virginia judges. In essence, this ruling declares the Healthcare Reform Bill's provision requiring most Americans to buy health insurance unconstitutional. Virginia is one of the few states that has a law that forbids residents from being forced to buy insurance. While the ruling sets a potential precedent for the coming GOP battle against healthcare reform, it does not apply on the national level, but it does set the tone.

Virgina Makes the First Move

As was announced upon winning the mid-term elections, the GOP stated its intention to use legal precedent to prevent healthcare reform from going into effect. The Virginia decision is the first move in this game. For the average American, this will have potentially serious impact. According to the best data, one out of six American adults does not have any form of healthcare. This figure is up from 14 percent just two years ago.

The key element of the healthcare package was that, with certain exceptions, all Americans would be required to carry coverage-whether they could afford it or not. The preexisting condition mandate, as well as a government poll of coverage that would provide for lower-income people, all depend upon the universal coverage mandate.

What Could Happen Now

Being one of the 16.7 percent without coverage, I was hoping that once this legislation was enacted, it would assist in my seeking healthcare, since I would fall under the low-income statutes, although this prospect now seems to be fading.

Once again, the conservatives have successfully defeated an attempt at healthcare reform. Critics of healthcare reform have stated "Healthcare is not a right." As a $2.5 trillion industry, health is one of the major businesses in the US and any changes to that industry or any regulation would have to improve things for those at the bottom. However, these changes would limit how much profit the private business owners running healthcare make.

The trouble is that the bottom is moving up, which will make it far more difficult to get access to healthcare for others in the same situation as I am in. With the current economic woes, the prospects of healthcare reform in the future are darker -- so, if not now, maybe never. Press secretary for the White House Robert Gibbs expressed confidence that the ruling would be struck down, but with the GOP taking control of Congress soon, that confidence may be a little premature.