Nothing has been declared unconstitutional. I’m not gonna give you the analysis you deserve here, my man T will get on that soon enough. In the meantime, here’s the deal:
Ken filed a Complaint. Instead of answering, the Government filed a 12(b)(6) Motion to Dismiss, to test the viability of the Plaintiff’s legal claims. It’s a crazy high standard. Judge Hudson, to his credit, found simply that there are merits to the Plaintiffs complaint, i.e., that the individual mandate could be unconstitutional on several grounds if the Plaintiffs are able to prove the allegations in their complaint. He did go just a tick overboard, in my limited experience, and gave the Commonwealth of Virigina a roadmap to success on the merits in the future. He’s a slick bastard. We need more of those kinds of cats on our sides. Kudos Hank.
Let’s just not get ahead of ourselves. Keep working.
