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 a minor matter to opponents of the health care bill rejected by all congressional Republicans but signed into law by President Obama earlier this year.
“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,” said Virginia Attorney General Ken Cuccinelli, who brought the suit. “The government cannot draft an unwilling citizen into commerce just so it can regulate him under the Commerce Clause.”
“Attorney General Ken Cuccinelli has brought forward a specific and narrowly tailored objection to the Act. It warrants a full and thorough hearing in our courts. It is meritorious and constitutionally correct. … I look forward to the full hearing this fall,” said Virginia Gov. Bob McDonnell.
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 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.
“We do not leave people to die at the emergency room door — whether they have insurance or not. Those costs — an estimated $43 billion annually — are absorbed by everyone else paying into the health care market including doctors, hospitals and insured patients. Congress has the authority under the Commerce Clause to address that cost-shifting burdening the interstate market for health care,” argues the brief filed by the Justice Department on behalf of HHS.
“Today’s ruling is merely a procedural decision by the court to allow this case to move forward. We believe there is clear and well-established legal precedent that Congress acted within its constitutional authority in passing the Patient Protection and Affordable Care Act of 2010. We are confident that the health care reform statute is constitutional and that we will ultimately prevail,” the department said in a statement.
Supporters of the law say the decision Monday is merely procedural, but the law will be proven constitutional when it gets to a hearing on the content.
“This case is really a politically motivated ploy aimed at diverting attention from the many benefits of the new law,” said Ron Pollack, executive director of Families USA, which lobbied in favor of the bill. “The decision today should not distract states and the federal government from focusing on implementing the new law in the most effective way possible. The benefits of the new law are just becoming apparent, and substantially more help is on the way.”
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.
Published August 02, 2010
Source: FOX NEWS
Change we can believe in:
– Obama Administration Proposal To Give FBI Access To Your Internet History Without Court Order
– SEC Says New Financial Regulation Law Exempts it From Public Disclosure, incl. FOIA!!!
– Nancy Pelosi Blocks Gulf Disaster Investigation
– And Now ObamaService? H.R. 5741: Universal National Service Act
– Obama Bankster Bill Lets Banks Have US Over A Barrel Again
– Obamacare: Gold Coin Sellers Angered by New Tax Law
– GLOBE MAGAZINE: OBAMA BORN IN AFRICA! WHY HIS PRESIDENCY IS ILLEGAL
– Rep. Michele Bachmann: Obama Is Making The US ‘A Nation Of Slaves’
– General James Mattis who said it was ‘fun to shoot people’ takes over US Central Command
– EU gives US access to its citizens’ private financial data
– Obama Administration To Sue Arizona Over Immigration Law
– Dylan Ratigan Show: President Obama ‘Has A Hit List Of American Citizens Like YOU targeted For Assassination’
– Third US carrier, 4,000 Marines augment US armada opposite Iran
– Now truth is bad for you: ‘Obama warns Erdogan international Gaza flotilla probe bad for Turkey’
– Obama Internet ‘Kill Switch’ Approved By Senate Committee
– Americans buying their own health insurance face an average 20 percent increase in premiums
– Big Brother DHS And DOD Want To Open US Skies To Spy Drones
– President Obama Has Already Outdone Every Previous President In Prosecuting Whistleblowers
– US government debt to rise to $19.6 trillion by 2015
– Left-Wing Icon Daniel Ellsberg: ‘Obama Deceives the Public’
– US: $13 Trillion Debt Poised to Overtake GDP (Chart of Day)
– 10 US States Where An Absurd Percentage Of The Population Works For The Government
– US ’secret war’ expands globally as Special Operations forces are deployed in 75 countries
– Paul Craig Roberts: A Plague Upon The World: The USA is a “Failed State”
– President Obama’s New World Order: ‘We have to shape an international order that can meet the challenges of our generation’
– President Obama Wins The Right to Detain People With No Habeas Review
– US government can execute its own citizens far from a combat zone, with no judicial process and based on secret intelligence!
– US posts 19th straight monthly budget deficit; April deficit nearly four times higher than in 2009
– Hyperfast missile to strike anywhere on Earth within an hour wins President Obama’s support
– President Obama Repaying His Masters At Goldman Sachs
– Marriage Penalties Increase Dramatically Under ObamaCare
– The No.1 Trend Forecaster Gerald Celente on ObamaCare, Dollar Devaluation And Gold
– Peter Schiff on ObamaCare
– Rep. Ron Paul: President Obama Is ‘Not A Socialist.’ ‘He Is A Corporatist.’
– Dylan Ratigan Show With Alan Grayson: The Great Con Job By The Fed, The Government And The Banksters
– Michelle Obama says Barack’s Home country is Kenya – full statement
– Obama Administration Approves Targeted Killing of American Cleric
– Judge Napolitano on Obama’s Private Army
– Obama Gives Key Agriculture Post to Lobbyist of CropLife America Whose Members Include Monsanto, Syngenta, DuPont and Dow Chemical
– Obama Gives ‘Pesticide Lobbyist’ Post as Chief Agricultural Negotiator
– It’s Official: America Now Enforces Capital Controls
– Rep. Ron Paul: Healthcare Will Drive US To Bankruptcy
– Gerald Celente: This time they will close the Banks & Wall Street (03/27/10)
– John Pilger: Have a Nice World War III, Folks
– Ron Paul on MSNBC’s Morning Joe: We have only one party in America and all they fight over is power and influence
– The War on WikiLeaks … and Why It Matters
– White House Press Corps longest-serving member Helen Thomas on her one question for Obama
– Obamacare: 12 Taxes Violate Obama’s Pledge Not to Increase Taxes on Households Earning Less than $250,000
– Obama exempt from Obamacare
– Joe Biden to Barack Obama: ‘Mr. President, This Is A Big F****** Deal’
– Rep. Ron Paul: Healthcare Bill is ‘Blatantly Unconstitutional And Contrary to The Ideals of Liberty’
– US: THE Most Important Chart of the CENTURY
– Health Care Bill ‘Dangerously Expands IRS’s Power’
– US Government Preparing For Civil Unrest In America
– Obamacare Tax Hikes
– Record: National Debt Up $2 Trillion in Just 421 Days on Obama’s Watch
– Obama agencies invoking secrecy provision more often than under Bush
– US budget deficit hits record $221bn, the largest monthly deficit in history
– Michael Moore: ‘Democrats are a bunch of wusses … It’s disgusting … I’m sick of them’
– President Obama signs one-year extension of Patriot Act
– Cybersecurity Bill To Give President Obama New Emergency Powers
– Obama Administration Using Accounting Gimmicks That Would Make Enron ‘Blush,’ Says Republican Lawmaker
– Judge Napolitano and Angela Keaton on Freedom Watch: Obama’s Bush Foreign Policy
– Obama Signs Law Raising Public Debt Limit from $12.4 Trillion to $14.3 Trillion
– Cynthia McKinney at Munich Germany NATO Peace Rally: ‘My Country Has Been Hijacked By A Criminal Cabal’
– President Obama’s Pledge Never to Raise Taxes on Anyone Making Less Than $250,000 a Year
– Rep. Alan Grayson: ‘20 Percent Of Our Accumulated Wealth Over The Course Of 2 Centuries Gone in 18 months!’
– Paul Craig Roberts: It Is Now Official: The U.S. Is A Police State
– Prof. Russell Roberts Testifies Before House Committee: ‘I Want My Country Back!’
– Director of National Intelligence Says US May Kill Americans Abroad
– President Obama Ups Pakistan Drone Strikes in Assassination Campaign
– The New Vision of the Obama Administration: War Without End
– Pentagon’s New Record Black Budget Tops $56 Billion
– MSNBC Exposes President Obama’s lies: FED GAVE Banks Access to 23.7 TRILLION DOLLARS NOT $700 Billion!
– Rep. Ron Paul on Obama seeking to assassinate ‘US citizens’ he labels as terrorist
– White House to Paint Grim Fiscal Picture: Another Record Budget Deficit
– US: GDP Mirage – The Last Hurrah
– Marc Faber: Obama Makes Bush Look Like a Genius
– Obamanomics: Why Did the ‘Stimulus’ Fail to Help the US Economy?
– Paul Craig Roberts: How Wall Street Destroyed Health Care – Greed, Be Thou My God
– President Obama to indefinitely imprison detainees without charges
– Ron Paul: US Foreign Policy is Bankrupting America
– Rep. Ron Paul: State of the Republic Address – ‘Dangerous Times Indeed.’
– America’s Impending Master Class Dictatorship! (MUST-READ!)
– The CFR Controls American News/Media
– Senate Proposes Increasing US Debt Limit to $14.3 Trillion: “If Congress does not enact this legislation, and soon, then the Treasury would default on its debt for the first time in history,” said Senate Finance Committee Chairman Max Baucus
– US: Unfunded Benefits Dig States’ $3 Trillion Hole
– Illinois enters a state of insolvency: ‘We’re close to de facto bankruptcy, if not de jure bankruptcy.’
– The No.1 Trend Forecaster Gerald Celente: Financial Mafia Controlling US and Wall Street
– Peter Schiff: The Lunacy of US Government Programs
– Former Dean of Harvard College Harry R. Lewis: Larry Summers, Robert Rubin: Will The Harvard Shadow Elite Bankrupt The University And The Country?
– Experts: Dollar Crisis Looms if US Doesn’t Curb Debt
– Marc Faber on Coming Sovereign Debt Crisis: Next Countries to Default are the US, Japan and the ‘PIIGS’
– Nobel Peace Laureate Obama seeks additional $33 billion for wars, on top of a record request for $708 billion for the Defense Department
– Fitch: US Must Cut Spending To Save AAA Rating; US December Deficit Nearly Doubles
– The Coming Sovereign Debt Crisis
– US slides deeper into depression as Wall Street revels
– PIMCO’S Bill Gross: ‘Let’s Get Fisical’ (… or why the US will not make it.)
– Barack Obama’s Health Care Lies And Reversals
– US sheds 85,000 jobs in December; Record 40% Of Unemployed Without Job For 27+ Weeks
– Peter Schiff on Fast Money: ‘America is broke’; ‘The Fed created a currency crisis’; ‘Dollar to collapse 50-70% or more’
– US: Public Pensions Face $2 Trillion Deficit
– U.S. Avoids Technical Default By Three Days
– As an American, I refuse to buy mandatory health insurance … that supports Big Pharma
– The US Government Is Preparing For Collapse: Your Legal Right To Redeem Your Money Market Account Has Been Denied
– Prof. Dr. David Michael Green: Now I’m Really Getting Pissed Off … With Obama
– US Treasuries Post Worst Performance Among Sovereign Markets In 2009
– US losses will top $400 billion on Fannie Mae and Freddie Mac
– US: More Ammo For The Treasury Bazooka
– US government wants farmers to use coal waste on fields
– The No.1 Trend Forecaster Gerald Celente: The Terror And The Crash of 2010
– We’re Screwed! Hyperinflation like in the Weimar Republic; Great Depression worse than in the 1930s
– US Congress: Banksters Get $4 Trillion Gift From Barney Frank
Traitor in chief:
– Treason: Obama gives INTERPOL immunity from the Constitution (Amending Executive Order 12425)
– Peter Schiff on Obamacare, Freddie Mac & Fannie Mae: The Nightmare Before Christmas
– Obama administration backs Fannie Mae and Freddie Mac no matter how big their losses may be
– Rep. Dennis Kucinich: US War Presidents ignore Congress and Constitution
– Obamacare: Big payoffs to senators on health bill stoke public anger
– US: Trillions Of Troubles Ahead
– Chinese central banker Zhu Min: ‘The world does not have so much money to buy more US Treasuries.’
– Obamacare: Change Nobody Believes In
– Obama’s surge comes at a cost: At least $57,077.60 per minute
– US National Debt Tops Debt Limit
Hypocrite in Chief (Funny):
– President Obama: Another Busy Day in The Oval Office!
– Fascism in America: By Political Definition The US Is Now Fascist, Not A Constitutional Republic
– John Williams of Shadowstats: Prepare For The Hyperinflationary Great Depression
Liar in Chief (NOT funny!!!):
– Barack Obama Lies 7 Times In Under 2 Minutes!!!!!
– Robert Fisk, The Independent’s award-winning Middle East correspondent: Obama is a Disaster, Worse than Bush
– Rep. Dennis Kucinich: ‘These Wars Are Corrupting The Heart Of Our Nation!’
– Famous Investor Jim Rogers: Incompetence In Washington, Abolish The Fed And The Treasury
– Rep. Dennis Kucinich: The Truth About Afghanistan
– Obama’s Big Sellout (Rolling Stone Magazine)
– Obama administration to lift debt ceiling by $1.8 trillion
– Climategate: President Obama’s rule by EPA decree is a coup d’etat against Congress, made in Britain
– Obama administration tells Pakistan: Tackle Taliban or we will
– MSNBC Rachel Maddow: War President Obama
– Ron Paul: ‘Obama is Actually Preparing Us For Perpetual War’
– Afghanistan Surge to Cost At Least $40 Billion, That Is $1.333.333 For One US Soldier Per Year
– Rep. Brad Sherman: Geithner rejects $1 trillion limit on bailout power (Section 1204 is unlimited in dollar amount!)
Liar in Chief (Over 300 soldiers died in 2009 because of this lie!!!):
– Obama: ‘I will promise you this, that if we have not gotten our troops out by the time I am President, it is the first thing I will do. I will get our troops home. We will bring an end to this war. You can take that to the bank.’