The "Commerce Clause," Article I, Section 8, Clause 3 of the United States Constitution, provides that: "[Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes." For over 200 years, this simple clause has been at the center of litigation defining the often delicate balance of power between the states and the federal government.

According to U.S. District Judge for the Eastern District of Virginia, Henry Hudson, to "regulate commerce" does not include the power to require U.S. citizens to purchase health insurance. In a memorandum opinion issued today, Judge Hudson struck down the core provision of the Obama health reform legislation mandating individuals to purchase health insurance or face fines. In overturning the "Minimum Essential Coverage" provision of the law, Judge Hudson noted...