Virginia health care challenge to move forward

jimpeel

jimpeel

Well-Known Member
A judge has ruled that the case can continue forward.

SOURCE

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Judge Permits Virginia Health Care Law Challenge to Continue

Published August 02, 2010 | FoxNews.com

The state of Virginia can continue its lawsuit to stop the nation's new health care law from taking effect, a federal judge ruled Monday.

U.S. District Court Judge Henry Hudson said he is allowing the suit against the U.S. government to proceed, saying no court has ever ruled on whether it's constitutional to require Americans to purchase a product.

"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," Hudson wrote in a 32-page decision.

"Given the presence of some authority arguably supporting the theory underlying each side's position, this court cannot conclude at this stage that the complaint fails to state a cause of action," he wrote.

The decision is a small step, but in no way minor matter to opponents of the health care bill rejected by all congressional Republicans but signed into law by President Obama earlier this year.

Virginia Attorney General Ken Cuccinelli filed the suit almost immediately after the law was signed, arguing that it conflicts with Virginia's legislation -- also passed this year -- exempting state residents from the requirement that all Americans be forced into health care coverage. Cuccinelli argued that the law violates the Constitution's Commerce Clause.

The Commerce Clause allows the U.S. government to regulate economic activity. But Virginia argued that it's not economic activity when someone chooses to refrain from participating in commerce.

The U.S. government, which was defending itself through the Health and Human Services Department run by Secretary Kathleen Sebelius argued that everyone at some point will need medical services at some point in their life and therefore is either a "current or future participation in the health care market," and therefore subject to taxation.

More than a dozen state attorneys general have filed a lawsuit in Florida challenging the federal law, but Virginia's is the first to reach a courtroom.

Click here to read the ruling.
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Osamacare care to move forward, whether you like it or not

There is a certain futile beauty to this.
The idea that what has gone on over the last
40 years is legitimate in any way.

Nancy (just say no) Pelosi summed it up:

CNSNews.com: “Madam Speaker, where specifically does
the Constitution grant Congress the authority to enact an
individual health insurance mandate?”

Pelosi: “Are you serious? Are you serious?”

If fact it clearly prohibits such totalitarianism.

Everything they’ve done is unconstitutional,
the issue is that anyone still thinks that even matters is
what is laughable.

And yer just silly if you think the courts or the ballot box
can change any of it.

Where is my Socialist Utopia, I want it now!
 
wouldn't it be nice if there was a coherent, sober voice of opposition to this health care plan rather than a bunch of name-calling teabagged whiners? well, i guess the judge counts fer something.
 
2minkey said:
wouldn't it be nice if there was a coherent, sober voice of opposition to this health care plan rather than a bunch of name-calling teabagged whiners? well, i guess the judge counts fer something.
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Private property & capitalism.

There. Feel better now?
 
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