Virginia Attorney General Ken Cuccinelli's legal challenge to President Barack Obama's national health care overhaul can continue, a federal judge ruled today.
U.S. District Court Judge Henry E. Hudson denied a motion brought by lawyers for the administration to dismiss the lawsuit, filed by Virginia in March, a day after Obama signed into law federal health legislation.
"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 Hudson in his 32-page memorandum.
"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.
Hudson said the case cannot be resolved without a further hearing on the merits.
While the legal battle over the Patient Protection and Affordable Care Act ultimately is expected to end up in the U.S. Supreme Court, today's ruling is a setback for the administration, which also faces a separate but similar legal challenge to health reform filed by Florida on behalf of 20 states.
Cuccinelli issued a statement after the judge's decision, saying he was pleased with the outcome.
“This lawsuit is not about health care, it’s about our freedom and about standing up and calling on the federal government to follow the ultimate law of the land – the Constitution,” Cuccinelli said. “The government cannot draft an unwilling citizen into commerce just so it can regulate him under the Commerce Clause.”
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.
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.
For more on this story, see tomorrow's Richmond Times-Dispatch.
http://www.foxnews.com/politics/2010/08/02/judge-permits-virginia-health-care-law-challenge-continue/
http://www2.timesdispatch.com/news/2010/aug/02/cuccgat02-ar-358430/
Unless some major changes are made in the Supreme Courth the health care bill will die.
Hopefully we won't have to wait that long. Hopefully we get a big enough change in the House and Senate that we can stop everything Obama is pushing for. We can then kick him out of office in the next election and undo what's he's pushed through using Chicago style politics.
Originally posted by EladarAgreed.
Unless some major changes are made in the Supreme Courth the health care bill will die.
Hopefully we won't have to wait that long. Hopefully we get a big enough change in the House and Senate that we can stop everything Obama is pushing for. We can then kick him out of office in the next election and undo what's he's pushed through using Chicago style politics.
Originally posted by EladarGood luck with that.
Unless some major changes are made in the Supreme Courth the health care bill will die.
Hopefully we won't have to wait that long. Hopefully we get a big enough change in the House and Senate that we can stop everything Obama is pushing for. We can then kick him out of office in the next election and undo what's he's pushed through using Chicago style politics.
Originally posted by EladarBut that would mean that there are checks and balances still left in the federal government thus debunking my thesis.
Unless some major changes are made in the Supreme Courth the health care bill will die.
Hopefully we won't have to wait that long. Hopefully we get a big enough change in the House and Senate that we can stop everything Obama is pushing for. We can then kick him out of office in the next election and undo what's he's pushed through using Chicago style politics.
I have to say, I hope it happens but Whodey is not holding his breath.