[Home] [Headlines] [Latest Articles] [Latest Comments] [Post] [Mail] [Sign-in] [Setup] [Help] [Register]
|
Status: Not Logged In; Sign In
U.S. Constitution Title: Federal Judge Rules in Favor of Virginia Challenge to Health Care Law Casting an unmistakable and perhaps permanent pockmark on the face of the Obama administration, a federal judge in Virginia ruled Monday that a major component of the new health care reform law is unconstitutional. Judge Henry E. Hudson ruled Monday for the state's claim that the requirement for people to purchase health care exceeds the power of Congress under the Constitution's Commerce Clause. Hudson's eagerly awaited decision invalidates the requirement that all Americans purchase health insurance by 2014 or face a federal fine. Hudson's decision is the first striking down part of the controversial legislation. "It is not the effect on individuals that is presently at issue -- it is the authority of Congress to compel anyone to purchase health insurance," wrote Hudson who was appointed to the federal bench in 2002 by President George W. Bush. "An enactment that exceeds the power of Congress to adopt adversely affects everyone in every application." The Obama administration is likely to appeal Monday's ruling to the Richmond-based Fourth Circuit U.S. Court of Appeals. It is widely expected that no matter the outcome before that court, the case will ultimately go before the Supreme Court, perhaps by this time next year. In his ruling, Hudson wrote that he is severing that portion of the law, known as Section 1501, but is not granting an injunction against the entire law. But Section 1501 is the portion of the law that collects most of the money that is supposed to flow into the system from millions of additional participants. Without it, the law's execution could be severely compromised and could rock the foundation of other provisions in the legislation. The lawsuit is just one of nearly two dozen challenges filed in federal courts across the country. Another high-profile suit filed in Florida and joined by 20 states and the National Federation of Independent Businesses will go before Judge Roger Vinson on Thursday. Administration officials insist health care exchanges and many other aspects of the law would survive and implementation of the law would proceed. They said they don't anticipate an adverse ruling in Virginia or Florida to affect many aspects of the law. That challenge is a broader legal attack on the health care law than the case decided Monday which was filed by Virginia Attorney General Ken Cuccinelli on March 23, the same day that President Obama signed the Patient Protection and Affordable Care Act into law. In the lawsuit, Cuccinelli said the federal government is constitutionally prohibited from forcing Americans to buy insurance. "The status of being a citizen or resident of the Commonwealth of Virginia is not a channel of interstate commerce; nor a person or thing in interstate commerce; nor is it an activity arising out of or connected with a commercial transaction," Cuccinelli wrote in his lawsuit. In an interview with ABC News last month, President Obama defended the mandate. "What I think is appropriate is that in the same way that everybody has to get auto insurance and if you don't, you're subject to some penalty, that in this situation, if you have the ability to buy insurance, it's affordable and you choose not to do so, forcing you and me and everybody else to subsidize you, you know, there's a thousand dollar hidden tax that families all across America are -- are burdened by because of the fact that people don't have health insurance, you know, there's nothing wrong with a penalty," he said. Florida Gov.-elect Rick Scott, who gained prominence in his state and nationally during the health care debate, said the Virginia ruling "is great for Floridians and for Americans everywhere." "Obamacare is the biggest job killer in the history of this country and this decision will go a long way toward restoring the certainty businesses need to start hiring and restoring some sanity to the federal government," he said in a statement. Read more: http://www.foxnews.com/politics/2010/12/13/federal-judge-rules-favor-virginia-challenge-health-care-law/#ixzz1813GjmbB
Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest
#1. To: WhiteSands (#0)
Already posted TWICE, dipshit.
"I've really enjoyed meeting this community. They are so full of joy," - Sarah Palin to the thousands of cholera victims in Haiti
|
|
[Home] [Headlines] [Latest Articles] [Latest Comments] [Post] [Mail] [Sign-in] [Setup] [Help] [Register]
|