Green Energy
We knew that. . .
Yahoo:
Judge in Va. strikes down federal health care law
By LARRY O'DELL, Associated Press Larry O'dell, Associated Press – 11 mins ago
RICHMOND, Va. – A federal judge declared the Obama administration's health care law unconstitutional Monday, siding with Virginia's attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court.
U.S. District Judge Henry E. Hudson is the first federal judge to strike down the law, which has been upheld by two others in Virginia and Michigan. Several other lawsuits have been dismissed and others are pending, including one filed by 20 other states in Florida.
Virginia Republican Attorney General Kenneth Cuccinelli filed a separate lawsuit in defense of a new state law that prohibits the government from forcing state residents to buy health insurance. However, the key issue was his claim that the federal law's requirement that citizens buy health insurance or pay a penalty is unconstitutional.
Hudson, a Republican who was appointed by President George W. Bush, sounded sympathetic to the state's case when he heard oral arguments in October, and the White House expected to lose this round.
Administration officials told reporters last week that a negative ruling would have virtually no impact on the law's implementation, noting that its two major provisions — the coverage mandate and the creation of new insurance markets — don't take effect until 2014.
The central issue in Virginia's lawsuit was whether the federal government has the power under the constitution to impose the insurance requirement. The Justice Department said the mandate is a proper exercise of the government's authority under the Commerce Clause.
Cuccinelli argued that while the government can regulate economic activity that substantially affects interstate commerce, the decision not to buy insurance amounts to economic inactivity that is beyond the government's reach.
- Sneaking It In
Human Events: Bureaucrats Secretly Implement ObamaCare by Tony Lee 12/27/2010 When ObamaCare passed in the partisan manner in which it did, the liberal establishment and its ever growing army of pipsqueak transcribers in the mainstream media said ObamaCare’s...
- Of Mandates And Minarets
Guest Commentary by Edward Cline: On December 13, in Richmond, Virginia, U.S. District Judge Henry E. Hudson ruled that a key provision of the Patient Protection Affordable Care Act of 2010 (Obamacare or “ACA”) was unconstitutional. It was purely...
- Obamacare Constitutional? Federal Judge Rules Against Virginia's Challenge To Individual Mandate
BULLSHIT! Am I the only one who is noticing that our government has stepped way beyond the line, way beyond what the British government did to those who started the American Revolution? Here's my individual mandate: The government will not tell me...
- Could Scotus Be The Death Panel For Health-care Reform?
From Talking Points Memo: Now that President Obama has signed health-care reform into law, opponents of the bill are pinning their hopes of stopping it on a last-ditch legal strategy. A group of 13 state attorneys general has filed suit (pdf), arguing...
- Washington Post Editorial Asks, Is Obamacare Unconstitutional?
From Washington Post: President Obama has called for a serious and reasoned debate about his plans to overhaul the health-care system. Any such debate must include the question of whether it is constitutional for the federal government to adopt and implement...
Green Energy
Judge Rules Obamacare Unconstituional
We knew that. . .
Yahoo:
Judge in Va. strikes down federal health care law
By LARRY O'DELL, Associated Press Larry O'dell, Associated Press – 11 mins ago
RICHMOND, Va. – A federal judge declared the Obama administration's health care law unconstitutional Monday, siding with Virginia's attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court.
U.S. District Judge Henry E. Hudson is the first federal judge to strike down the law, which has been upheld by two others in Virginia and Michigan. Several other lawsuits have been dismissed and others are pending, including one filed by 20 other states in Florida.
Virginia Republican Attorney General Kenneth Cuccinelli filed a separate lawsuit in defense of a new state law that prohibits the government from forcing state residents to buy health insurance. However, the key issue was his claim that the federal law's requirement that citizens buy health insurance or pay a penalty is unconstitutional.
Hudson, a Republican who was appointed by President George W. Bush, sounded sympathetic to the state's case when he heard oral arguments in October, and the White House expected to lose this round.
Administration officials told reporters last week that a negative ruling would have virtually no impact on the law's implementation, noting that its two major provisions — the coverage mandate and the creation of new insurance markets — don't take effect until 2014.
The central issue in Virginia's lawsuit was whether the federal government has the power under the constitution to impose the insurance requirement. The Justice Department said the mandate is a proper exercise of the government's authority under the Commerce Clause.
Cuccinelli argued that while the government can regulate economic activity that substantially affects interstate commerce, the decision not to buy insurance amounts to economic inactivity that is beyond the government's reach.
- Sneaking It In
Human Events: Bureaucrats Secretly Implement ObamaCare by Tony Lee 12/27/2010 When ObamaCare passed in the partisan manner in which it did, the liberal establishment and its ever growing army of pipsqueak transcribers in the mainstream media said ObamaCare’s...
- Of Mandates And Minarets
Guest Commentary by Edward Cline: On December 13, in Richmond, Virginia, U.S. District Judge Henry E. Hudson ruled that a key provision of the Patient Protection Affordable Care Act of 2010 (Obamacare or “ACA”) was unconstitutional. It was purely...
- Obamacare Constitutional? Federal Judge Rules Against Virginia's Challenge To Individual Mandate
BULLSHIT! Am I the only one who is noticing that our government has stepped way beyond the line, way beyond what the British government did to those who started the American Revolution? Here's my individual mandate: The government will not tell me...
- Could Scotus Be The Death Panel For Health-care Reform?
From Talking Points Memo: Now that President Obama has signed health-care reform into law, opponents of the bill are pinning their hopes of stopping it on a last-ditch legal strategy. A group of 13 state attorneys general has filed suit (pdf), arguing...
- Washington Post Editorial Asks, Is Obamacare Unconstitutional?
From Washington Post: President Obama has called for a serious and reasoned debate about his plans to overhaul the health-care system. Any such debate must include the question of whether it is constitutional for the federal government to adopt and implement...