Virginia Judge: The Suit Against the Health Care Law Goes Forward

Wall Street Journal ^ | 08/02/10 | Ashby Jones

[AtlasStalled]

This just in: Virginia federal judge Henry Hudson on Monday ruled that he’ll let the state of Virginia’s challenge to the landmark health care law passed in March go forward, at least for the time being. * * * 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.

Judge's opinion included in full.

[Cathy]

Praise the Lord and pass the ammunition! Thank you AG Cuccinelli!

[pieceofthepuzzle]

Wonderful news! The federal government has been overstepping its bounds for decades, and the time has come to draw a line in the sand, and actually take back lost territory. They have proven that they will do whatever they can get away with..

[AtlasStalled]

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.

[Dubya-M-DeesWent2SyriaStupid!]

Thank God! Now let’s hope the next judicial stage is not a cherry picked radical leftist Obama lover.

[Candor7]

I hope they get into due process issues and how the bill was drafted with Republicans locked out of committee,passed without being read. That ought to get things hopping.

[Pearls Before Swine]

Bush appointee. Seems like most of the insane decisions that toe the Dem party line come from Clinton appointees.

Clinton was a pathfinder in corrupting and politicizing the judiciary and the Justice Department. Obama will follow in his footsteps.

[imjimbo]

Right on-! Obamacare is pure evil from the word ‘go’-!

[Niuhuru]

Well, I daresay that it’s great that we’re on the offensive against this brazenly controlling government.

[Republican Wildcat]

"Never before has the Commerce Clause and Necessary and Proper Clause been extended this far."

Nice. That's a little more than just allowing the suit to go forward.

[txrangerette]

Yes. I would like this question put to the Feds in the federal courtroom...WHERE DO YOU DRAW THE LINE OR IS THERE A LINE TO STOP YOU FROM CONTROLLING EVERYTHING; IF SO, NAME IT?!