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Posted at 10:53 AM ET, 08/ 2/2010

Va. health-care lawsuit to proceed

By Washington Post editors

A federal judge Monday refused to dismiss a Virginia lawsuit challenging the constitutionality of the federal health-care law, handing the law's foes their first victory in a courtroom battle likely to last years.

U.S. District Court Judge Henry E. Hudson rejected arguments from Obama administration lawyers that Virginia has no standing to sue over the law and no chance of ultimately prevailing in its constitutional claim.

The lawsuit, lodged by Virginia Republican Attorney Gen. Ken Cuccinelli II, argues that Congress overstepped its constitutional authority when it included a provision in the law mandating that citizens purchase health insurance by 2014 or pay a fine.

Cuccinelli filed the suit moments after President Obama signed the sweeping health-care bill into law, citing the federal law's conflict with a new Virginia statute that made it illegal to require state residents to purchase health insurance.

The ruling is only a procedural step, paving the way for a full hearing on the legal arguments of the issue in the same Richmond courtroom in October.


--Rosalind S. Helderman

By Washington Post editors  | August 2, 2010; 10:53 AM ET
Categories:  Virginia  
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Comments

Go, Virginia, Go!!! I hope every state in the Union listens to the majority of their constituents also, and follows Virginia's lead!

Posted by: inmanorj | August 2, 2010 11:34 AM | Report abuse

Of course it's constitutional...right Ms. Pelosi???

Posted by: red4ever2 | August 2, 2010 11:47 AM | Report abuse

One small step!

Posted by: jetfan85 | August 2, 2010 11:51 AM | Report abuse

Perhaps we should just have gone with a single payer plan.

Posted by: elprimojpvh1 | August 2, 2010 11:53 AM | Report abuse

Ken Cuccinelli: Greatest. AG. Ever!!

Posted by: Glock23 | August 2, 2010 11:53 AM | Report abuse

Attorney Generals who want to be Governors couldn't ask for anything better. They get to spend millions of State money - not theirs - on a lawsuit that generates lots of media exposure and name recognition. It's a winner for them regardless of the outcome.


Posted by: jack824 | August 2, 2010 11:53 AM | Report abuse

obamacare needs to be repealed.

Posted by: COOLCHILLY | August 2, 2010 11:54 AM | Report abuse

Nothing like a front-page legal proceding in October to jar voters memories about the obamanation of health care reform inflicted on this country.

Posted by: red4ever2 | August 2, 2010 11:54 AM | Report abuse

BUSH AND CHENEY ARE WAR CRIMINALS

Posted by: EdSantaFe | August 2, 2010 11:54 AM | Report abuse

the feds made a standing argument and it didn't fly. no big deal, and it doesn't tip the scales one way or another on the real issue.

when someone without insurance goes to an emergency room and gets care (federal law prohibits ERs turning away people who can't pay), the hospital passes the bad debt on to those who do pay by raising their rates. Currently, that means Medicare and private insurers, who then raise premiums for their insured/beneficiaries. That means that those of us who pay for insurance cover the cost of the freeloaders.

Under health reform, everyone is responsible for paying for their own care, and must buy insurance to cover it. Those who can't afford it get a subsidy (we already provide Medicaid to the poor from tax revenues), but everyone who can afford it is required to do so rather than freeload. I thought individual responsibility was a conservative value, and the current system is arguably more socialistic than the one that health reform will give us.

Posted by: JoeT1 | August 2, 2010 12:01 PM | Report abuse

The wheels continue to come off the POTUS' wagon!!!!!!!!

Posted by: Jimbo77 | August 2, 2010 12:01 PM | Report abuse

Supreme Court Justice Antonin Scalia, a conservative, said the Constitution shields states and localities from federal dictates. "Congress cannot compel the states to enact or enforce a federal regulatory program," he said in a 1997 ruling. (LA times – 7/26/2010)

This, I believe, pertained to an illegal immigration challenge, but I can't help but wonder if it might apply to Obamacare as well.

Posted by: asmith1 | August 2, 2010 12:08 PM | Report abuse

While Obama and the Dems file suits to protect illegal aliens and terrorists in GTMO, Virginia is standing by the side of the Aemrican taxpayer and is defending their rights against the onslaught of Obama's socialism...all of America roots for Virginia!

Posted by: Realist201 | August 2, 2010 12:09 PM | Report abuse

This is an important development in the Virginia lawsuit, yet this short Blog is mention is a disgrace to WaPo readers. On Friday, the WaPo devoted a much larger column when their was a question on how U.S. District Judge Henry Hudson might rule:

Va. begins courtroom assault on federal health-care overhaul
http://www.washingtonpost.com/wp-dyn/content/article/2010/07/01/AR2010070106199.html

I would suggest readers read one of many articles published that truly covered this story like Reuters:

US judge lets Virginia healthcare challenge proceed - Monday, August 2, 2010
http://www.alertnet.org/thenews/newsdesk/N02270284.htm

Posted by: Conservator | August 2, 2010 12:10 PM | Report abuse

‘ U.S. District Court Judge Henry E. Hudson rejected arguments from Obama administration lawyers that Virginia has no standing to sue over the law and no chance of ultimately prevailing in its constitutional claim. ‘

And if the question is asked, ‘exactly what authority does Congress have to force individuals to purchase health insurance from private companies’; the answer given is ‘the constitutionally authorized power to regulate interstate commerce’.


We shall see if the mandate is supported by ‘interstate commerce’ powers.


About now I would guess the Democrats wished they had said the mandate was a TAX and left it at that, irrelevant to the political consequences of such a new tax.


……….‘no chance of ultimately prevailing’, WE SHALL SEE!


Posted by: bcarte1 | August 2, 2010 12:10 PM | Report abuse

This is an important development in the Virginia lawsuit, yet this short Blog mention is a disgrace to WaPo readers. On Friday, the WaPo devoted a much larger column when their was a question on how U.S. District Judge Henry Hudson might rule:

Va. begins courtroom assault on federal health-care overhaul
http://www.washingtonpost.com/wp-dyn/content/article/2010/07/01/AR2010070106199.html

I would suggest readers read one of many articles published that truly covered this story like Reuters:

US judge lets Virginia healthcare challenge proceed - Monday, August 2, 2010
http://www.alertnet.org/thenews/newsdesk/N02270284.htm

Posted by: Conservator | August 2, 2010 12:11 PM | Report abuse

NCLB too?

Posted by: terp12 | August 2, 2010 12:12 PM | Report abuse

Why doesn't Obama force all employers to hire the unemployed?
That is constitutional too, isn't it?

Posted by: nychap44 | August 2, 2010 12:17 PM | Report abuse

If this lawsuit eventually prevails, would it mean Virginia and all other states would then have the authority to pass a state law exempting it's citizens and companies from paying federal taxes? After all, federal tax payments are also required of all U.S. citizens and companies.

Posted by: Rich393 | August 2, 2010 12:18 PM | Report abuse

This is the beginning of the end of odumbocare...

Posted by: civilemik | August 2, 2010 12:19 PM | Report abuse

Since when did paying your own way cease to be a conservative value? When they don't anything in return! The neo-cons who are against health insurance mandates and expired tax cuts for top 1% are the ones LEAST effected by these policies. The GOP would have you belive that they stand for moral terpitude, fighting for the "average joe", and standing on your own two feet. Yet, somehow, buying your own health insurance and paying your fair share of income tax don't make the GOP's list. Why? Because these things level the playing the playing field. How's a old, rich WASP supoosed to get ahead?

Posted by: KJR1 | August 2, 2010 12:19 PM | Report abuse

This is the beginning of the end of odumbocare...

Posted by: civilemik | August 2, 2010 12:20 PM | Report abuse

What a waste of taxpayer money! The federal, state, and local governments have always forced people to buy all kinds of goods and services that some people don't want. How is health care any different?

Everyone should have health care. And everyone should pay for it.

Posted by: foofoofoo | August 2, 2010 12:20 PM | Report abuse

This is the beginning of the end of odumbocare...

Posted by: civilemik | August 2, 2010 12:22 PM | Report abuse

In socialism, nothing that the government decides is unconstitutional.

Posted by: jmk55 | August 2, 2010 12:25 PM | Report abuse

This is the beginning of the end of odumbocare...

Posted by: civilemik | August 2, 2010 12:22 PM


===========================================

GAWD, I HOPE YOU'RE RIGHT.

Posted by: COOLCHILLY | August 2, 2010 12:27 PM | Report abuse

The comments to this entry are closed.

 
 
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