and federal district court judge henry hudson agrees. he ruled that the mandate, quote, exceeds the constitutional boundaries of congressional power, unquote. mr. obama says, no big deal. rough issues always get a rough ride. >> that's the nature of these things. when social security was passed, there were all kinds of lawsuits. when the civil rights act was passed aned, there were all kinds of lawsuits. >> question is this case now on the bullet train to the supreme court, pat? >> certainly. frankly, i think it ought to be expedited, because it's going to the supreme court, it's a critical issue. cuccinelli has latched on to this one issue, john that individual mandate requiring people to buy something that they don't want to buy, and he said this is really outside the reel volume the constitution of the unitededtates. i think that's the strongest point. if this goes down on that point, i think the whole obamacare goes down, and i think cuccinelli stepped outside the group of other attorneys general to do this, john, and he is a former

instead henry hudson cited with the virginia attorney generally ken cuccinelli. he wrote. >> the limits of the essential coverage provision would invite unbridled exercise of federal police powers. >> reporter: it was cuccinelli who filed the lawsuit. in a statement following the rule, cuccinelli said it will create an unwanted slippery soap. >> it will give us the requirement to buy other things, cars, asparagus. the government's intrusion on our live for the greater good for the stable purpose will be virtually unlimited. >> because it won't go into effect until 2014, the judge didn't stop it from moving forward. >> our belief is that the health care act is -- will go forward and that it is constitutional, that it improves people's lives and particularly this is the basis, as i said, of the provision that allows us to finally address the lingering discrimination against those who have a pre-existing condition. >> reporter: now again the provisions aren't set to go into effect until 2014. a white house official made it clear tat ruling is being reviewed. one thi

henry hudson has been hired by dutch businessmen to find a new trade route to india. ers a secluded island, rich in natural resources. the dutch purchase it from a local tribe known as the manahattas. then, in 1664, england captures the island, naming it after the duke of york. today, we know it as manhattan, in the city of new york. i took a walk around manhattan's south street seaport with historian michael lord. it wound up being a trip into the past. what was the beginning of commerce here in new york? >> well, i guess commerce would probably predate even hudson if you're talking about native americans trading with you one another. they had a tremendous number of animal pelts, and they had lumber. the place was loaded with wood. >> reporter: while native americans are rich in resources, europeans have depleted much of theirs, including animals used for clothing. >> europeans had no more beavers because they had already trapped them all, and their lumber was diminishing. so all of that lumber, all of those beaver pelts begin to be shipped over to amsterdam. beaver p

and the federal judge, judge henry hudson here in richmond, virginia said no it is not, which is why the federal government has no authority under his ruling, has no authority to require the people in the state of virginia to buy this mandate. now, the other sort of interesting aspect of the case is the severability clause. he didn't declare the whole statute unconstitutional. he declared 1501 the individual mandate unconstitutional. that means the rest of the statute still stands under this particular ruling at this level of the court. but as a practical matter 1501 is what funded the entire healthcare bill or most of the healthcare bill, so if that is gutted. if that's held up at the fourth circuit and eventually con to the supreme court, if the supreme court says 1501 is unconstitutional that means there is no funding for the healthcare. that's why all the attention is on this particular provision by sides the individual rights and liberties aspects that many people object to. jon: i know you have a lot of phone calls to make to book guests for your show. it's good of you to spend

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and the judge said as much in his order. >> henry hudson is a republican appointee. unfortunately this has become very politicized. >> the white house says it's confident the law will remain intact after it goes through the court systems. the key part of the law set to begin in 201 >>> michael steele says he is running for reelection. he made the announcement last night on fox news channel. he said e gop is in good standing in washingtonnd he is making leeway for the diversity of the republican party. many argue the republicans won the midterm bause of fund raisinfrom tea party candidates despite the help from steele. >>> richard holbrooke has died. he several as special envoy to pakistan and afghanistan. his career started in vietnam in 1962 and has served under every democratic president sincejohn f. ken different he collapsed friday and underwent 20 hours of surgery over the weekend for a torn aorta. he was 69 years odd. >>> a grand history amother and are recovering. the vehicle remained on the scene. no word if the driver will face charges. the two were taken to

. >> reporter: while not invalidating the entire health care law, federal judge henry hudson took issue with one of its key provisions. ruling congress overstepped its authority by requiring that individuals buy health insurance. virginia's republican attorney general filed the challenge and tay applauded the ruling. >> this case is not about health insurance. it is no about healtcare. it is about liberty. >> the white house is likely to quickly appeal. >> we're confident that it is constitutional and quite frankly, of the three courts that have renderedecisions on this question, two have ruled in our favor. >> reporter: pointing out the minimum coverage provision doesn't go in effect until 2014. leaving plenty of time for this and at least 20 other lawsuits to play out in he courts. it is also playg out in a political arena with republicans dwoik praise the ruling. >> people still have the right to personal decisions, whether they buy health insurance or they don't buy heth insurance. they should not have it impoese upon them by government. >> reporter: and while he ruled a higher cour

judge henry hudson was appointed by bush, and a lifelong republican. that once worked for sarah palin. and this came to no surprise to the white house. >> this will continue to have its day in court, this bill. >> and judge hudson has also sentenced has micheal vick for 2 years for allowing dog fights >> and the check on the commute, the top is the headed toward the lower deck. the bottom is salt also moving slowly. we will be back. the bottom is-south also moving slowly. we will be back. lightning fast. lightning strong. verizon 4g lte. rule the air on the most advanced 4g network in the world. >> this just in, a u.s. diplomat has died. the longtime u.s. diplomat has wrote some of the pentagon papers and the architect of the 1995 boston peace plan. and recently,-bosnian peace plan, and he was known for a feisty, forceful style. he was 69 years old, and was sick and fauna, taken to hospital and had surgery and was sick--on friday--and he died today at a washington hospital. >> pam? >> san francisco has a deadline of friday. to host this yacht club, and

. >> reporter: judge henry hudson ruled the federal government mandate forcing individuals to buy health insurance unconstitutional. >> if we cross this line with health care now, this unconstitutional line where the government can force us to buy a private product and say it's for our own good, then we're giving the government to force us the power to buy other products, cars, gym memberships. >> reporter: the white house response, virginia's decision is a minority view with judges having dismissed 13 earlier lawsuits against the law. >> we're confident it is constitutional. of the three courts that have rendered decisions on this question, two have ruled in our favor. >> reporter: this case and another in florida are high profile. the plaintiff's are the state's themselves. >> part of our health care needs to be fixed. yeah, expenses are out of the control and everyone's needs are not being met right now but there are better solutions than giving up our freedom. >> reporter: the senior obama administration official tells abc news the department of justice will most likely appeal the ca

. >> judge henry hudson role the federal government mandate forcing individuals to buy health insurance unconstitutional. >> if we cross this line, this on constitutional line where the government can force us to buy a private product and say it is for our own good, then we are giving the government the power to force us to buy other products -- cars, jim memberships, asparagus. >> the white house response? his decision is a minority view. they have dispensed 30 earlier lawsuits. >> we are confident it is constitutional and out of the three courts that have made decisions on this question, two have world in our favor. >> this case and another in florida with arguments on thursday are high profile. >> part of our health-care system, obviously, needs to be fixed. yes, expenses are out of control and everyone's needs are not being met. there are better solutions than giving up our freedoms. >> this could take months or years to decide. the obama administration officials and the department of justice will most likely appeal the case. it may well end up in the supreme court. abc news washing

. >> sean: stinging rebuke buy henry hudson the judge in this case. that in a few minutes. last question, 2012, is there any one, two or three people that you see emerging as the likely front-runners, in your mind? >> no, it is way too early. the important thing to bear in mind is there are a lot of people with negatives on romney because of health care. palin, gingrich and huckabee, they are all the same thing. they are all well liked. well-known. staunch, good conservatives. but have baggage of one or another. voters in the republican primary are afraid to nominate them. they are saying if i nominate one of these three, i love 'em, i would love if they won, but they can't because of the bag grand jury. the question is, over the next year can one or more live down the baggage? frankly, sarah palin is doing a good job of it lately. and huckabee is on every week living it done. beginning rich may get vol -- gingrich may get in involved with the fight in congress. 15, 20 people who will come on this show and the other shows on fox and we'll fall in love with one. it will be l

henry hudson ruled that congress overstepped its power to regulate interstate commerce when it mandated that almost all americans purchase health insurance. two other federal judges dismissed challenges in separate cases. the supreme court is likely to decide the issue. the mandate will take effect in the year 2014. >>> school lunches across the country may be a whole lot healthier. michelle obama joined the president today in the signing of a hungry and help the kids act and provides billions of dollars to schools. it's part of the first lady's campaign against childhood obesity. >>> in the bay area, this new law is getting make street use. they say the law will allow the district to offer a greater variety of fruits and vegetables hollow for the second hardest things to say it could hinder for -- they say that it could hinder other food programs. >>> a new campaign got underway in southern california to make it easier to charge up an electric car. they say, california should lead the way by installing charging stations throughout the state. they want to c plug-in terminals at shopping

. >> reporter: judge henry hudson appointed by george w. bush ruled that government mandates forcing individuals to buy health insurance is unconstitutional. >> if we cross this line now were the government can force us to buy a private product that we have given the government the power to force us to buy other products could cars, gym memberships, asparagus. >> reporter: judges have dismissed 13 earlier lawsuits against the law. >> we are confident that it is constitutional and two courts have ruled in our favor. >> reporter: these cases are high-profile and the plaintiffs are the states themselves. >> part of our healthcare system needs to be fixed. he imac come expenses are out of control and everyone's needs are not being met right now. but there are better solutions -- yeah, our income expenses are out of control. >> reporter: the department of justice most likely will repeal the case. >>> some sad news to share tonight. richard holbrook has died or he was hospitalized friday after collapsing at the state department be he underwent 20

henry hudson a republican.oted against it and liberal judges for it same old boring. >> cuccinelli right wing. >> is he a conservative guy. the 20 states protesting. another federal judge is going to rule down there in pensacola later this week. all i'm trying to get across to you is this obama care deal, i don't think this has a future in america. >> wait a minute. we already have a number of things in place like nonpunishing preexisting conditions. getting on parents plan until 26. there are good things that will come out of this. >> bill: unless congress votes it out. >> that would be a mistake. people like what they have so far. >> bill: i don't know about that most people are against obama care. >> not as it stands right now. >> we have to see it played out overtime. the supreme court probably will hear it before the next presidential election. but from a political standpoint, bill, it's never good for a president to have his signature centerpiece legislation challenged on constitutional grounds. that's wh

henry hudson says the government has no right to force individuals to buy health insurance. obama administration is expecting to challenge the ruling and the fight is likely to end up in the supreme court. >>> the huge pre-winter storm that dumped snow from minneapolis to chicago over the weekend is moving east today leaving travelers stranded on highways and airports. cleveland could see 9 inches of snow before it's all over. behind the storm, dangerously cold temperatures. minneapolis public schools called off classes today. minneapolis, they're used to weather up there. >>> five people are confirmed dead, 17 more feared dead after this south korean fishing boat sank in the icy water off the coast of antarctica. 20 people were rescued, but authorities are scaling back the search. they say the water is so cold, it's unlikely any of them could've survived for more than ten minutes. >>> president obama signed the child nutrition bill into law today. it'll provide more money to subsidize free meals for low-income children. >>> as we've been reporting, a federal judge in virgin

. >> reporter: federal judge henry hudson says while the constitution gives congress broad power to regulate economic activity, it has no power to regulate inactivity, such as declining to buy insurance. that means, he said, that congress had no authority to compel anyone to enter the stream of commerce and buy something. the judge rejected the obama administration's argument that no one entirely stays out of the health care economy. eventually getting care from somewhere like an emergency room. while conservatives celebrated, the president took the ruling in stride, telling nbc affiliate wfla it's a bump on a long road through the course. >> that's the nature of these things. when social security was passed, there were all kinds of lawsuits. when civil rights act was passed when the voting rights act was passed, there were all kinds of lawsuits. >> reporter: in fact, about two dozen lawsuits over the health care law. two other federal judges have upheld it. and legal scholars say when it gets to the supreme court, today's ruling will not be as important. >> because it's just one judge and o

henry hudson had laid the ground work when he sided with virginia state's attorney general when he helped to pass a law here that said that residents were not forced or should not be forced to buy health care insurance. what the ruling does is open the door to other states to challenge all of those part of the health care law. virginia was only challenging the individual mandate that requires people to buy health insurance, whether they want to or not. the attorney general argued it was unconstitutional and the judge agreed saying in part a individual's intention to purchase or the klein to purchase health insurance from a provider is beyond the historical reach of the u.s. constitution. he said it is not a case about health insurance or health care but all about liberty. >> the individual mandate is unconstitutional because ordering americans to buy health insurance, as the bill does, is beyond the congress' power under the commerce clause. and two, that the bill is not saved by the taxing power congress has by applying a penalty to those americans who do not buy the government mandated

district judge henry hudson, a george w. bush appointee ruled that congress overstepped its authority by requiring americans to buy health insurance. however, since the plan's minimum coverage requirement is not scheduled to take effect until 2014, the law will remain in effect while further appeals play out. press secretary gibbs predicts the administration will eventually prevail if the fight makes its way to the supreme court and cites two prior cases upheld in lower court. >>> first and foremost obviously the administration argued on the other side of this case and disagrees with the ruling. we're confident it is constitutional and quite frankly of the three courts that have rendered decisions on this question, two have ruled in our favor. >> president obama echoing his press secretary telling a florida tv station in an interview other judges have either found the law constitutional or dismissed lawsuits against it adding it's "the nature of these things for courts to disagree on such matters." still in the short term at

appointed by president bush in 2002 henry hudson is the first judge to invalidated any part of this lawthere were two other rulings in the law's favor by democratic appointed judges. >> this case is not about health insurance, it is not about health care, it is about liberty. and the judge said as much in his order. >> our plaintiff is that is health care act is -- will go forward and that it is constitutional. >> well the next step for the virginia lawsuit is an appeals court where democratic- appointed judges hold a majority. >>> one city started the bidding at 6, its neighbors saw that bid and raised it, but it's not their money on the line, it's yours. the escalating price of the toll wars. >>> and a new movement hoping to make an impact using nothing. why they see standing alone as a way to make a change. >>> and is smoke for a cigarette worse for your body than smoke from a joint or is it all the same to your lungs? the answer coming up in tonight's good question. >>> three days, for three solid days we have been socked in with the fog. now the weather element that is going to sco

henry hudson sided with the district attorney striking down a provision within the affordable care act that would force americans to buy some kind of health insurance. white house officials claimed the clause in the constitution allows the move but he says he's happy with the judges ruling. >> the problem with health care cost is not that there isn't enough government involvement, it's that there is too much government involvement. it's time we took the power out of the hands of politicians and government and put it back in the hands of citizens across america. >> hudson is the first federal judge to strike down the provision. it isn't scheduled to go into effect until 2014, so he chose not to block it since both sides agree. the battle will play out before the u.s. supreme court. >>> in the meantime, the senate could street on the tax deal as early as tomorrow. the senate voted late today to move forward with debate on the bill. it faces a tougher fight in the house where democrats have said they're not happy with the deal. if passed, it will extend tax cuts for all americans for two

our winner, judge henry e. hudsonthe district judge in virginia who yesterday ruled against part of health care reform after not recusing himself though he owns a firm that has nothing but republican clients one of whom the man who filed the suit in which judge hudson ruled. the conflict of interest equivalent of the marching band with 76 trombones was not necessary. he's been called on it by the far right. a right wing blog, warren kerr writes, had a chance to read judge hudson's opinion, and it seems to me it has a fairly obvious and quite significant error. hudson, if a person's decision not to purchase health care insurance at a particular point in time does not constitute the type of economic activity subject is equally offensive to the constitution. we're deep in the woods here. mr. kerr writes the necessary and proper clause of the constitution is what allows congress to take steps that are not specifically authorized by the constitution. like nearly all of them. if hudson were right, kerr says, he just e ratio

district judge henry hudson became the first judge to rule against the law. but he refused to put the entire law on hold while it faces legal challenges. >> susie: meanwhile, thehite house said today, it's confident the health care law is constitutional. it's believed that the u.s. supreme court will ultimately end up settling the issue. what does all this mean for businesses, and you? joining us now? mary agnes carey, she's senior correspondent for kaiser health news, a national health care news service. hi, mary agnes. >> hi there. >> susie: so what do you think, will this ruling be upheld? could it become the law of the land? >> well, we've have to see. there are certainly a lot of argument on both sides. the administration would point out and they did point out today to reporters that ten different challenges to the individual mandate have been dismissed and two other judges have ruled in favor of the administration so now you have a judge that has ruled against the administration. thursday we'll have oral arguments in a court on florida. also looking at

appointed by president bush in 2002, henry hudson is the first judge to invalidate any part of the law. there were two earlier rulings in the law's favor by democratic appointed judges. >>> this case is not about health insurance. it is not about healthcare. it's about liberty. and the judge said as much in his order. >> our belief is that the healthcare act is -- will go forward and that it is -- that it is constitutional. >> the next step for the virginia lawsuit is an appeals court where a democratic appointed judges hold the majority. >>> a new coalition group is hoping to make as big of an impact on the 2012 election that the tea party made on the mid-terms recently. the first gathering of the no labels was held today at columbia university. it drew democrats, republicans and independence, including elected officials and several republicans who lost out in last month's mid-terms. the group's main gripe is the partisanship going on in washington. but stresses no labels is not a third party. >> we've got to put pressure on our leaders in both parties to compromise. >> the radical si

but judge henry hudson says the law can remain in effect while appeals are made. part of the health care law that mandates insurance coverage isn't scheduled to begin until 2014. but the next legal stop for the ruling is the circuit court of appeals in richmond. the white house says the law will ultimately be upheld. >> we're confident that it is constitutional, and quite frankly, of the three courts that have rendered decisions on this question, two have ruled in our favor. >> the appeal is expected to reach the supreme court, but it may be a year or two before it gets there. >>> the senate could pass the compromise tax bill as early as today. the president reached a compromise with republican leaders monday during a procedural vote to move forward. preeti arla is in washington. preeti, good morning to you. >> reporter: good morning, terrell. the bill cleared a procedural hurdle by a vote of 83-15, many more than the 60 votes necessary. and while the senate is expected to quickly approve this, there seems to be a tough fight ahead in the house. with the senate on

that all americans to purchase healt insurance is unconstitutional, and today a federal judge, henry hudson, agreed, saying that mandate goes beyond congress' power. they are not calling the ruling a setback, however. he knows other federal judges have ruled in its favor. experts think the supreme cot will ultimately be deciding this question. >>> the bill to preserve the bush era tax cuts for all income brackets passed a key test vote in the senate today. the compromised bill could move to the house as early as tomorrow. president obama said today's landslide vote proves that mocrats and republicans can work together. but the house will be a much toughesell. several democrats have been vocal about their disappointment with the tax nefits being extended to the wealthy. >>> a plea deal could be in the works f works for a university of virginia student. she has beenccused of killing yeardley love. the washington examiner is reporting that a plea deal will be reached in this case. the paper also reports the prosecutors will not pursue the death penalty. >> 20 drinks. that's how much one bar rv

judge henry hudson said congress went too far in requiring all americans buy health insurance. the constitution, he says, does not allow that kind of unchecked expansion of congressional power the argument goes beyond health care, he said, it's about an individual's right to choose to participate. >> it's about liberty. >> reporter: the state of virginia challenged the law, saying the federal government overstepped its power. >> even the president and congress must act within the boundaries set by the constitution. >> reporter: the administration says the provision is critical for the law's success, for health reform measures to work, like insurance for people with preexisting conditions, all americans must have health insurance. it predicted it will win on appeal. >> i think we have a good argument. i think... i think the merits of the case are strong and i think it's constitutionally... constitutionality will be upheld. >> reporter: other courts have turned aside challenges from private citizens, but lawsuits by the states have been the most closely watched. the biggest chall

judge henry hudson ruled against what's called the individual mandate requiring most americans to purchase health insurance by 2014. the judge says the federal government has no authority to require citizens to buy health insurance. judge hudson is the first federal judge to find part of the obama administration's health care reform unconstitutional. >> one of the interesting questions is whether the justice department will appeal this decision to the fourth circuit. the appellate federal court. which already has one other virginia case ruling exactly the opposite on the same question. >> white house officials say they disagree with the ruling and are encouraged by other judges in virginia and michigan who have ruled in favor of the provision. the case is expected to wind up before the u.s. supreme court. >>> president obama today signed a bill into law designed to provide health yes, sir meals to school -- healthier meals to school children. he signed the act while appearing with michelle obama at a washington, d.c. elementary school. she has been a long time supporter of the bill as part

federal district judge henry hudson today called that requirement "unconstitutional." what's called an individual mandate he said "exceeds the constitutional boundaries of congressional power." at its core, this dispute is not simply about regulating the business of insurance or crafting a scheme of universal health insurance coverage, he wrote, it's about an individual's right to choose to participate. >> this case is not about health insurance. it is not about health care. it's about liberty. and the judge said as much in his order. >> reporter: the white house argued today the goal of the health care law, coverage for every american, will not work without this key provision. that the part of the law requiring that insurance companies cover those with pre-existing conditions can only be paid for by requiring all americans to have insurance, thereby expanding the pool of money. >> if you are somebody that cannot get health care because of a pre-existing condition, the guarantee that when this is fully implemented in 2014, that you'll be able to do that, that's wiped a

appointed by president bush in 2002, henry hudson is the first judge to invalidate any part of the law there were two earlier rulings in the law favored by democratic appointed judges. >> the case is not about health insurance. it is not about health care. it is about liberty. and the judge said as much in his order. >> our belief is that the health care act is -- will go forward, and it is constitutional. >> the next step for the virginia lawsuit is an appeals court, where democratic appointed judges hold a majority. >>> the white house is mourning the death of diplomat richard holbrooke. most recently, he was president obama's special envoy to pakistan and afghanistan. he underwent surgery for a torn aorta friday after collapsing during a meeting. he had been in critical condition ever since. he served under every democratic president since john f.kennedy. he authored a portion of the pentagon papers and was the architect of the 1995 bosnia peace plan. richard holbrooke was 69 years old. >>> well, good morning. it is going to be a wet one today. here is a look at the pinpoint doppler

the appeal coming amid new resolution about conflicts of interest from judge henry hudson.udge owns a piece of a republican consulting firm earning tens of thousands of dollars over the last several years and that firm advocated against the law as it was being debated in congress. who says there's no conflict of interest? among the firm's clients, virginia attorney general, ken cuccinelli. you can connect the dots as well as anybody and you can't make it up. you could, but no one would believe you. this has no immediate effect as the individual part was ruled unconstitutional. doesn't go into effect until 2014. it's been ruled constitutional by two judges and this will probably be decided in the supreme court. joining us now, our world renowned, globally famous and widely respected e-team. from the west, karen finney. a new righty at the table and one we're proud to welcome. former republican congressman from new york, rick. and our insider, the man who's trying to make america love their lobbiests. jimmy williams. steep hurdle, my man. if anybody can do it, it is you. we d