A judge appointed by Bush ruled part of the health care bill unconstitutional:
In a 42-page opinion issued in Richmond, Va., Judge Hudson wrote that the law's central requirement that most Americans obtain health insurance exceeds the regulatory authority granted to Congress under the Commerce Clause of the Constitution. The insurance mandate is central to the law's mission of covering more than 30 million uninsured because insurers argue that only by requiring healthy people to have policies can they afford to treat those with expensive chronic conditions.
The judge wrote that his survey of case law "yielded no reported decisions from any federal appellate courts extending the Commerce Clause or General Welfare Clause to encompass regulation of a person's decision not to purchase a product, not withstanding its effect on interstate commerce or role in a global regulatory scheme."
Judge Hudson is the third district court judge to reach a determination on the merits in one of the two dozen lawsuits filed against the health care law. The others -- in Detroit and Lynchburg, Va. -- have upheld the law. Lawyers on both sides said the appellate process could last another two years before the Supreme Court settles the dispute.
The individual mandate is central to the law - it's hard to force insurers to accept everyone if people can just wait until they're sick to buy insurance. And if insurers aren't forced to cover everyone, then the bill doesn't do anything about eligibility and can't be called universal at all.