A judge on Monday refused to dismiss the state of Virginia’s challenge to President Barack Obama’s landmark healthcare law, a setback that will force his administration to mount a lengthy legal defense of the overhaul effort.
U.S. District Judge Henry Hudson refused to dismiss the state’s lawsuit which argues the law’s requirement that its residents have health insurance was unconstitutional, allowing the challenge to go forward.
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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 (pictured), 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.
In other words, off to discovery we head.
So this will now move to trial and Obama & pals will have to defend this clusterf#%*, afterwards its sure to hit the Supreme Court. Virginia isn’t the only state with a challenge to this idiocy so look for more rulings such as this one.
Other good news: (h/t Michelle Malkin)
Coloradans may have the opportunity this fall to weigh in on the recent health care legislation passed by Congress. Roughly 130,000 signatures in support of the Right to Health Care Choice amendment to Colorado’s Constitution were turned into the Secretary of State’s office on Friday afternoon.
To qualify for the November ballot, 76,047 of those signatures need to be matched with registered Colorado voters.
The amendment would prevent Coloradans from being required to buy health insurance and to continue to allow medical personnel to take payments in cash for services.
“We want Colorado to be a sanctuary state for quality health care,” Jon Caldara, the initiative’s chief proponent, said. “This is not just to address the mandate in Obama-care, this is to make sure Colorado never becomes like Massachusetts where government puts a gun to your head and says you will buy a private product whether you want it or not.”
How long before the left begins attacking Judge Hudson?
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