 | Virginia Judge slap down Government Injunction Allowing ObamaCare Lawsuit to ContinueScotty Starnes | August 2, 2010 at 12:03 PM | Tags: Barack Obama, commerce clause, Health and Human Services, health care law, health care mandate, Obama, Obamacare, President Obama, U.S. Constitution, Virginia, Virginia Attorney General Ken Cuccinelli | Categories: Uncategorized | URL: http://wp.me/pvnFC-24n |
Looks like the Commerce Clause will be challenge. Good news for Americans who believe in the U.S. Constitution.
The Wall Street Journal reports:
This just in: Virginia federal judge Henry Hudson on Monday ruled that he'll let the state of Virginia's challenge to the landmark health care law passed in March go forward, at least for the time being. Click here for the early Reuters story; here for the 32-page opinion.
The Department of Health and Human Services had moved to dismiss the lawsuit, which was filed in March (click here for the complaint), shortly after the passage of the law. But Judge Hudson on Monday denied the motion.
The ruling represents a setback that will force the Obama administration to mount a lengthy legal defense of the law. The suit, filed by Virginia Attorney General Ken Cuccinelli alleges that the law's requirement that its residents have health insurance violates the Commerce Clause of the Constitution.
Virginia's lawsuit is one of several trying to undo the health-care law. Another large one was filed in a Florida federal court by a handful of state attorneys general.
In his opinion, Judge Hudson ruled:
The guiding precedent [on the Commerce Clause] is informative but inconclusive. Never before has the Commerce Clause and Necessary and Proper Clause been extended this far. At this juncture, the court is not persuaded that the Secretary has demonstrated a failure to state a cause of action with respect to the Commerce Clause element.
Remember, Obama said the health care mandate wasn't a tax, but now that it's in federal court, it is being called a tax. Either way, it will be ruled unconstitutional when/if it reaches the Supreme Court.
 | WordPress.com | Thanks for flying with WordPress! |
Trouble clicking? Copy and paste this URL into your browser: http://subscribe.wordpress.com
--
Thanks for being part of "PoliticalForum" at Google Groups.
For options & help see http://groups.google.com/group/PoliticalForum
* Visit our other community at http://www.PoliticalForum.com/
* It's active and moderated. Register and vote in our polls.
* Read the latest breaking news, and more.
No comments:
Post a Comment