Health care regulations create new costs to employers when hiring additional staff. ObamaCare’s new rules create strong disincentives for firms to hire low-wage workers or expand their businesses. “With higher-skill jobs, employers can offer the required benefits and pay for them by cutting the wage. But low-wage jobs in the restaurant and retail sectors leave little room for cuts in wages.”

“Critics contend that Judge Hudson has unduly restricted Congress’s authority to regulate interstate commerce, the principal basis on which the government defends the law. Some also claim that he ignored the ‘necessary and proper’ clause of the Constitution, which allows Congress leeway to choose how to put in place national economic programs. Yet a closer reading shows that Judge Hudson’s analysis could prove irresistible to the Supreme Court and that there is a reasonable chance it will agree that the insurance mandate is invalid.”

“A federal judge in a 20-state lawsuit against the Obama administration’s health overhaul signaled Thursday he is sympathetic to the plaintiffs’ argument that requiring Americans to carry health insurance violates the Constitution.”