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hqA third federal judge has sided with the Obama administration on the constitutionality of Obamacare’s individual mandate, saying on Thursday that the individual mandate is not a tax and therefore not subject to Congress’ tax-power — a decision that would stop opponents’ efforts to halt or postpone the individual mandate.

The District Court’s decision, in a case brought by Virginia Attorney General Ken Cuccinelli, is probably the final word on the issue. Thursday’s decision, by Judge Henry Hudson of the U.S. District Court for the Eastern District of Virginia, rejected Cuccinelli’s effort to halt the Affordable Care Act’s individual mandate in its tracks as unconstitutional.

“A ‘tax’ is imposed on the ‘subject’ only when the governmental action ‘creates a legal obligation,” Judge Hudson writes, referring to the Supreme Court’s 2010 decision in the Supreme Court’s legal interpretation of the individual mandate. “The individual mandate is a tax only if the legal consequence of the Government’s imposition is that it is a tax.”

Cuccinelli’s effort to halt the individual mandate in its tracks was based on a previous, identical ruling by Judge James Boasberg of the U.S. District Court for the District of Columbia.

A second ruling from Judge Boasberg on the same issue, issued in June, resulted in the injunction against the individual mandate from the Supreme Court.

In the third ruling, which is likely to be appealed to the Fourth Circuit, Judge Hudson takes on the constitutionality of the individual mandate as a tax. He criticizes the “unwarranted conclusion” in Judge Boasberg’s decision — the decision on which Judge Boasberg based his injunction on the individual mandate — “that the individual mandate imposed a tax only when a citizen had a choice about obeying the law.”

“The individual mandate imposes a legally binding duty on each citizen,” Judge Hudson writes
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