Virginia Court rules that ObamaCare's individual mandate is unconsititutional,

1501 of the Health Care Act, as it applies to the State of Virginia, has been ruled unconstitutional as of reporting just minutes ago. According to the ruling, ObamaCare's 1501 clause is not [existing] economic activity and does not fall under the commerce clause for that reason. This applies to Virginia only.

No accompanying injunction was issued because the need for such is not an immediate concern.
ObamaCare is being challenged

Federal Judge Henry Hudson did not disqualify the entire bill. However, 1501 is that which funds the bill. Without the 1501 provision, the individual order [mandate] to buy the health care product, ObamaCare loses its funding provision and is defeated by default.

Update #1 9:38 am

First response from the White House told reporters that this is not the defeat that ObamaCare opponents believe it to be.

Also, know that there have been two Federal Court decisions that favor the mandate as constitutional.

But, when all is said and done, we expect the White House to play down this decision. It is far to early in this debate to begin to celebrate, but the decision makes it clear that opponents are on the right track. There are 25 similar state sponsored lawsuits across the nation. In the end, this will be a decision for the Supreme Court.

Understand that certain Democrat politicians, such as Adam Smith of Washington State, have made it clear (within the past hour) that if the individual mandate is struck down, it will be a huge blow for ObamaCare.

Update #2 9:47

This editor just did an excursion through news/network television. The MSM (ABC. NBC and cBS) is ignoring this story as are HLN, MSNBC and CNN. The only coverage we could find on any televised media was FoxNews. And, some wonder why Fox "kills" its competition.

Understand that this decision is not on "procedure" but on the actual merits of the law, especially 1501. While other courts have ruled that those who oppose the reform law have the right to proceed with their cases, this decision is on the legal merits of the law, the Federal judge ruling that Congress over-stepped its boundaries.

This decision will now be taken to a Federal Court of Appeals and from there, to the Supreme Court. If the legal process is not put on a fast track, the Supreme Court's decision may figure greatly in the 2012 election. Understand that if the High Court rules against the law, it rules against the Administration. If that ruling takes place in 2011, the Administration has time to move away from the effects of that decision as it campaigns for re-election. If the decision occurs in the summer of 2012, the blow-back to the Administration will be huge.

Understand that because of a decision in Arizona over the summer, supporting parts of the Arizona law (#1070), a second court decision will be appealed to the Supreme Court and in the same general time frame.

Both laws are of extreme importance to the national conservative coalition and, now, may become critical considerations in the presidential 2012 campaign.

Update #4 Understand that the Virginia lawsuit won on every one of its arguments and appears to be a better written objection than the two lawsuits voted down by two previous Federal Courts.

Final update for the sake of this post: Three District Courts have given an opinion on this law, one in Detroit, one in Lynchburg, Virginia and a third, featured in this post, in Richmond, Virginia. Only the Richmond court has found for the Constitution. The legal process of review may take two more years to complete. In the meantime, the Congress needs to strike down this poorly written law and find solutions, real solutions, that will deal with the problem. Until four years ago, the GOP had a chance to deal with the health care issue(s) and did not. The Democrats used their chance at health care solution to build a whole new arm of government and to do so without dealing with the fundamental issues, as well. So monthly premiums continue to skyrocket, Medicare continues to be a broken solution and only getting worse by the day, and no one in Congress really gives a damn about the common wage earner. Period.