Federal judge won't dismiss Virginia challenge to new health care law

4 posts · started Aug 2, 2010

cougarnurse Aug 2, 2010, 10:36 PM

It's starting already: http://content.usatoday.com/communities/ondeadline/post/2010/08/federal-judge-wont-dismiss-virginia-challenge-to-new-health-care-law/1?csp=34news

A federal judge has refused to dismiss a lawsuit filed by the state of Virginia that challenges the new health care law, the Richmond Times-Dispatch reports.

The lawsuit was filed by Virginia Attorney General Ken Cuccinelli who challenged a provision of the health care act that requires individuals to buy health insurance or pay a penalty.

"While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate -- and tax -- a citizen's decision not to participate in interstate commerce," wrote U.S. District Judge Henry Hudson in his 32-page ruling, the Times-Dispatch reports.

He said the case cannot be resolved without a further hearing.

Another related post: http://www.ultimatenurse.com/forum/f34/missouri-rebelling-against-obamas-health-care-reform-law-93265/

cougarnurse Aug 2, 2010, 10:38 PM

A federal judge denied the federal government’s motion to dismiss Virginia’s lawsuit over the federal health care overhaul on Monday.

Va. Attorney General Ken Cuccinelli sued the federal government immediately after President Obama signed the law in March, on the grounds that the law’s individual mandate to purchase health insurance is outside the bounds the Commerce Clause of the U.S. Constitution.

The state, in its argument, also cited a law passed by the General Assembly in March aimed at preventing Virginia citizens from being mandated to buy health insurance.

The federal government has argued that Virginia lacks standing to sue, and that the law is constitutional under the commerce clause.

Neither the U.S. Supreme Court nor any circuit court of appeals has squarely addressed the issue of whether Congress has the power to regulate a citizen’s decision not to participate in interstate commerce, wrote U.S. District Judge Henry E. Hudson in his opinion., filed Monday in the U.S. District Court for the Eastern District of Virginia.

“No reported case from any federal appellate court has extended the Commerce Clause or Tax Clause to include the regulation of a person’s decision not to purchase a product, notwithstanding its effect on interstate commerce,” Hudson wrote. “Given the presence of some authority arguably supporting the theory underlying each side’s position, the Court cannot conclude at this stage that the Complaint fails to state a cause of action.”

hppygr8ful Aug 3, 2010, 12:47 AM

Bravo for that judge - The health care reform as passed by both the House and Senate and signed by Obama is unconstitutional and needs to be repealed. Those who don't think so will notice a big change in their taxes come 2012 and I hope they remember that Obama PROMISED "NO NEW TAXES" on the middle class. Last Friday the New York Times poll showed that 46.1% of the people polled still think Obama is doing a good job. In the meantime unemployment stays at about 12% nationwide (When Obama promised it would not go above 9%), home forclosures are happening at a higher rate than ever............ Mr. President.......We are still waiting.............

Peace and Namaste

Hppy

cougarnurse Aug 3, 2010, 1:42 AM

I didn't vote for Obama, don't care for his over-hauls.....and what did he ever do for Illinois?

If you can't put food on the table or pay for your house, how can you pay for insurance? And the bit about 'kids' (!) riding on the parents' insurance til 25? I thought one is an ADULT at 18!