Meet Judge Henry E. Hudson, the man who thinks – turn of the 20th-century-style – that it is everyone’s inalienable right as an American to care for his own body and health in such way as to him seems best.
This was the argument the Supreme Court struck down when, in 1905, a Massachusetts claimant argued that the smallpox vaccine violated his individual rights. These included, of course, the right to die. We all share that right (technically, it’s more of an obligation). I think no one, this week, seems to court it more openly than Judge Hudson.
Hudson ruled today that a central tenet of the Patient Protection and Affordable Care Act (PPACA) is “unconstitutional”. Turns out he’d spent a lot of money trying to defeat that same law before it passed earlier this year.
Judge Henry E. Hudson should have recused himself from this case, as the health care reform advocacy group Americans United for Change asked, months ago. He did not. He proceeded to rule, after having sunk thousands of his own money into Campaign Solutions, Inc.
It’s cool, though. If we’re going to pitch this battle, we might as well start with a ruling this bad, right?
A Headline Guy Bungles A Big Moment
Previously known for sentencing Michael Vick to almost two years in jail for dogfighting, this activist judge likes to give generously to his own pets. Those have included various Republican causes, which is a fine enough thing, if one has the money.
The problem is, Hudson also writes decisions. And this one … well, it’s not good. In struggling to prove the “unconstitutionality” of a law against which he has clearly felt rage since it passed, Hudson may have done the last thing he intended: furnished legal proof of the PPACA’s right to exist, at least under the law as we as a nation have defined it for these past two hundred or so years. Read here for an insightful look into how the convoluted “logic” of Hudson’s ruling ignores the “necessary and proper” clause of Congressional power.
What is strange – almost eerie – to me is the example of care under the PPACA Hudson uses in his twists of “logic”: the emergency room. The ER is the last place I’d expect to find a lawyer, a judge, or anyone who would argue that he or she does not need health insurance. The ER is desperation central; the first stop for some, the last stop for others. The fact that Hudson uses that place in this argument speaks volumes about where he stands in relationship to it.
Here’s a man who for too long has been involved in, but unaffected by, other people’s fights.
What do you say we hand him one of his own?