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Judge Lets VA Obama-Care Test Proceed

From a deeply saddened Reuters:

Judge lets Virginia healthcare challenge proceed

By Jeremy Pelofsky And Lisa Lambert Mon Aug 2, 2010

WASHINGTON (Reuters) – A U.S. judge ruled on Monday that the state of Virginia could proceed with its challenge to President Barack Obama’s landmark healthcare law, a setback that will force the White House to defend its reforms in the middle of a tough congressional election campaign.

Gosh, that is unfair. Mr. Obama might be ‘distracted’ from campaigning.

In the opening salvo of the legal fight, U.S. District Judge Henry Hudson refused to dismiss the state’s lawsuit, which argued the requirement that its residents must have health insurance is unconstitutional and conflicts with state law.

Hudson, who noted that his ruling was only an initial step, decided the issue the state raised — whether forcing residents to buy something, namely healthcare, is constitutional — had not been fully tested in court and was ripe for review.

"The congressional enactment under review — the Minimum Essential Coverage Provision — literally forges new ground and extends (the U.S. Constitution’s) Commerce Clause powers beyond its current high watermark," Hudson said in a 32-page ruling…

The new law is a cornerstone of Obama’s domestic agenda and aims to expand health insurance for millions more Americans while curbing costs.

The AP simply cannot refrain from propagandizing. Not ever.

Obama officials have vigorously defended it as constitutional and necessary to stem huge increases in costs for healthcare.

Except there is no evidence anywhere that Obama-care will save any healthcare costs. And lots of evidence to the contrary.

Health and Human Services Secretary Kathleen Sebelius said the ruling rejecting the Obama administration’s motion to dismiss the case was a procedural step and the healthcare reform law has "full constitutional backing."

Well, that settles it then. Ms. Sebelius has spoken.

Virginia’s lawsuit, filed shortly after Obama signed the health reforms into law, is one of several arguing that it is an unprecedented seizure of power by the federal government.

"This lawsuit is not about healthcare, 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.

He’s right, you know.

The state said that penalizing someone for failing to buy health insurance coverage violates the Constitution’s Commerce Clause and Tax Clause that allows the federal government to regulate commerce between the states.

"This portion of the complaint (by Virginia) advances a plausible claim with an arguable legal basis," wrote Hudson, who was appointed by George W. Bush in 2002.

Say no more. The judge is a Republican. Of course he is a reactionary. A luddite.

Virginia also argued that because the Constitution does not allow the government to force a person to purchase something, therefore the federal government also would be powerless to levy a penalty or tax for failing to buy healthcare coverage.

The Obama administration has countered that the government always has the ability to levy taxes and that the Constitution places the federal government’s powers over the states

And never mind that hitherto Mr. Obama and the rest of his lickspittle lackeys both in and out of the media have vehemently denied that this ‘fine’ was actually a healthcare ‘tax.’

Oh, and speaking of lies, how many times did the Solons at the New York Times tell us that these healthcare challenges from the state would never make it into court?

This article was posted by Steve on Tuesday, August 3rd, 2010. Comments are currently closed.

11 Responses to “Judge Lets VA Obama-Care Test Proceed”

  1. Right of the People says:

    What is this, are there cracks appearing in the Impotent One’s ironclad plans? How dare those impertinent whelps in the Old Dominion questions The Won’s edict! Heads shall roll, mark my words.

    I’m sure the O’ster will figure out a way to punish Virginia. Are there any oil wells off their coast that can start leaking and soil the Commonwealth’s pristine beaches?

  2. Liberals Demise says:

    I’ll make this short and sweeeeeeet………………..

    Let this be the shot heard around the colonies!!

  3. Mithrandir says:

    While Arizona is told it doesn’t have the legal authority to control illegal immigration, the federal government, with the other hand, says it has legal authority to control a state-only issue like health care?

    It would seem that the states and the 10th Amendment don’t apply anymore. With the president able to make signing statements, and executive orders, ‘doing an end-around Congress’, one could make the claim that we now have a dictatorship.

    • canary says:

      I too make the claim the U.S.A. is being ruled under a dictatorship. We are paying for Obama stimulus signs in states we will never see. We are paying for his handpicked CZARS. They are using their salaries we pay for, to run a dictatorship.

    • Rusty Shackleford says:

      Last week I decided to eliminate from my vocabulary the words “progressive” and “liberal”. I just use “socialist” now. It’s what they are, it’s what they want and they’ve been having wet dreams about it for decades.

      Now it’s here and it’s not meeting with the resistance I would have thought it would. And that both scares me and infuriates me.

      However, it does become a lesson in how Nazi Germany came to exist. I have learned much.

  4. wardmama4 says:

    Should be interesting as MO is voting on ‘opting out’ today.

    I do think that We The People are finally getting the voice – I heard today someone say, if the Gov can force require you to purchase Health Insurance (and why, I thought that was what PHS, SCHiP, VA, Medicaid and Medicare were all – ‘scuse me but who the hell is left without coverage?) – the Gov can ‘require’ you to do anything.

    Glad to see the tide has turned – Hope The Won has a grand b-day – watching his ‘legacy’ take a real historical plunge into one of the first pieces of legislation ever overturned before it was put into place – ALONE. [How’s that for a real classy First Lady to leave her man alone on his b-day]

    As Rush said, We don’t have a birth certificate to even prove this is his birthday.

    GO Missouri & Virginia – take back States Rights & Individual Rights – and help America overcome the Obamanation known as Obamacare.

  5. JohnTheBuilder says:

    I cannot remember a time when there has been more pushback to the federal government at the state level. We have several states pushing back on Obamacare, several on illegal immigration, several on the commerce clause relating to firearms manufacture and sales, to name a few. We can probably expect to see a pushback on Cap and Tax (if that ever gets a foothold) and EPA regulation enforcement. These states are doing exactly what they should when the federal government overreaches and tries to exercise unconstitutional authority over states and citizens. It’s really too bad they didn’t start doing this 60 years ago when the socialist/communist agenda was started in earnest.

    I don’t think it is too late to fight it, but if we don’t fight it now it soon will be.

  6. bill says:

    Virginia used to have coal mines ….

  7. fallingpianos says:

    The new law is a cornerstone of Obama’s domestic agenda and aims to expand health insurance for millions more Americans while curbing costs.

    And it guarantees a unicorn in every pot.

  8. jimreport says:

    I’ll get hopefull about 1 year after the case is won by the state. And maybe not even then.

    Seen this song and dance before, and I’m sure the judge is just posturing for a better job offer from the fascist regime.

  9. proreason says:

    It’s a great sign that the states are pushing back against the criminal regime.

    It could save a lot of ammunition.

    btw, either Mark Levin or Laura Ingraham said yesterday that Kathleen Sebelius is just plain stupid. Isn’t it good to know that the government labyrinth is being implemented by a dolt?

    Maybe Kathleen will upgrade her game by hiring Maxine Waters when that dear lady retires from congress. Maxine was a school teacher you know. You can tell when she lectures CEO’s of Fortune 500 financail instutuions about how to run their global businesses.

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