Henry E. Hudson - Radical Activist Judge

Dec. 14th, 2010

by F. Grey Parker

My goodness. Such hullabaloo over Judge Henry E. Hudson's decision striking down the so-called "personal mandate" provision of the new health care law. Let's ignore, for the moment, his obvious and actionable conflict of interest in even presiding over the case as evidenced here, here, here, here and here. Let's also ignore the fact the the provision is a regressive tax and forces no one to "buy" anything.

Let us instead look at his reasoning yesterday and his history.

Hudson's decision contended that the element of the law in question overstepped the powers granted to the federal government under the interstate commerce clause. This is particularly interesting to anyone looking into his career of political activity under the bar. I direct your attention to this choice highlight.

"While judge Hudson was Commonwealth's Attorney, United States Attorney General Edwin Meese appointed him as Chairman of the Attorney General's Commission on Pornography. The Commission subsequently produced a document frequently referred to as "The Meese Report." The Commission report made several recommendations designed to restrict the distribution of pornography, arguing that congress only requires proof that the distribution of the obscene material "affects" interstate commerce in order to regulate it." emphasis mine

I would like to hear his explanation of this now. He either will defend the position that the distribution of pornography "affects" interstate commerce and our national healthcare industry does not, or he will admit that he was willing do anything for a moralistic and ideological crusade in spite of the constitution. 

You can't have it both ways, Henry. You can't have it both ways.