Americans Oppose Pro-Abortion ObamaCare as Judge Rules

National   |   Steven Ertelt   |   Dec 14, 2010   |   11:34AM   |   Washington, DC

As a federal judge issued a ruling declaring a portion of the abortion-funding ObamaCare law unconstitutional because of the individual mandate, new polls show support for the law at low levels.

The key issue in the complaint the state of Virginia filed is that the individual mandate in the law, requiring Americans to purchase health insurance (which may very well fund abortions) is unconstitutional and a violation of the power Congress has to regulate interstate commerce.

Yesterday, Judge Henry Hudson issued a 42-page opinion writing that the individual mandate exceeds Congress’ authority, saying it is “neither within the letter nor the spirit of the Constitution.”

Also yesterday, an ABC News/Washington Post poll found support for the ObamaCare law at its lowest levels ever.

Support for ObamaCare peaked at 48 percent in November 2009 and now stands at just 43 percent with 52 percent of Americans opposing it. The nine point percentage on the opposition side is also the biggest gap in the poll since the health care debate began in earnest last summer.

More Americans also continue to strongly oppose the health care program than strongly support it — by a 37 to 22 percent margin.

Of those who oppose the law, 38 percent aren’t sure what to do about it, 39 percent say it should be repealed in part and 29 percent say it should be repealed altogether. Republicans who oppose the law are more likely to favor its repeal than Democrats who oppose it, as they are unsure on how to proceed.

Eighty-six percent of Republicans in the new ABC/Post poll, produced for ABC News by Langer Research Associates, oppose the pro-abortion health care law as do 47 percent of independents and 27 percent of Democrats.

Just 67 percent of Democrats support it and while 69 percent of Republicans strongly oppose the law just 41 percent of Democrats strongly favor it.

Meanwhile, a new Rasmussen Reports survey shows most voters have favored repeal of the law every week since it was passed and support for repeal has now inched up to its highest level since mid-September.

The latest Rasmussen Reports national telephone survey shows that 60% of likely voters at least somewhat favor repeal of the health care law while 34% are opposed. As has been the case since the law was first passed, those who favor repeal feel more passionately than those who want to keep the law–46% Strongly Favor repeal while just 23% who are Strongly Opposed.

Total support for repeal is up four points from a week ago but consistent with opposition to the law for months. Support for repeal has ranged from 50% to 63% in weekly tracking since Democrats in Congress passed the law in late March.

Fifty-four percent (54%) of voters now say the health care plan will be bad for the country. Thirty-two percent (32%) think the plan will be good for the country, while three percent (3%) say it will have no impact. Eleven percent (11%) are undecided.

Most Republicans and the majority of voters not affiliated with either of the major political parties continue to favor repeal of the health care law. Most Democrats remain opposed to repeal.

Nearly half of all voters (47%) continue to believe that repeal of the health care law is at least somewhat likely.  But 39% disagree, and 14% more are not sure.