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Virginia Challenge of Obamacare Wins One in Court
Written By : Warner Todd Huston

U.S. District Judge Henry Hudson refused to dismiss Virginia’s lawsuit against Obamacare, today, allowing the suit against the federal government to continue on to the next stage.

The federal government sought a dismissal of the suit that challenges the Constitutionality of the part of Obamacare that requires every citizen to buy healthcare insurance.

In his report, Judge Hudson said:

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.

The chief claim of Virginia Attorney General Ken Cuccinelli is that the mandate to buy insurance violates the Commerce Clause of the Constitution. The federal government was attempting to have Virginia’s lawsuit thrown out with the claim that it doesn’t and should be thrown out because it is obvious that Obamacare does not violate the Constitution.

The judge, however, disagreed that it was so obvious and has allowed the suit to go forward.

It is Attorney General Cuccinelli’s contention that the insurance mandates expand federal power to never before seen heights of power in violation of the Constitution. It is an obvious conclusion, too.

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  • Mahatma

    As someone who pays nearly $700 a month for catastrophic health insurance that is little more than extortion, I can hardly conceal my joy to keep the old system. No need to fix something that makes so few people so rich.

  • DrEvil

    Holy shiite! A federal judge who believes that the Constitution says what the Constitution says and that the federal government can't do any damn thing it pleases. What's next, a recognition of freedom OF religion instead of freedom FROM religion whih seems to have been the trend over the last thirty years or more.

    Have an Evil day

  • StanW

    $700 a month for only catastrophic coverage? Martha, either you have some underlying medical condition that makes you nearly uninsurable, or you are a complete moron.

    I choose ALL OF THE ABOVE!

  • Kingfisher

    I can hardly conceal my joy to keep the old system. No need to fix something that makes so few people so rich.

    Like rich Democrats.

  • tblrk2006

    For a family of how many with how many underlying medical conditions?

  • Kingfisher

    Be careful with your request. “Mahatma” and “medical condition” are mutually inclusive. John's server may max out with a massive overload from Asshatma.

  • http://www.patriotpost.com bthewolf

    Are you 85? Are you HIV positive? Or are you lying out your ass?

  • Trench_Raider

    We call all only hope that you suffer a “catastrophic illness” and get to use that coverage (if it indeed exists at all) soon, Martha.

    Yes folks, that was harsh. But Martha here deserves pretty much whatever he gets from us and as a known troll the normal rules of decency simply do not apply to him. I would never dream of saying something like that to a legitimate member of the forum.

    TR

  • Mr. EMT

    Key words you said.
    YOU are paying for YOUR health insurance.
    I am not paying for yours.
    I never once heard anyone from the left cry for insurance reform.
    And I have yet to see anything in obamacare addressing insurance reform.
    And before you cry “your paying for medicare/medicaid”
    Yes don't remind me I am paying through my wages for government services that are going bankrupt and deny payments for services received at a higher rate than any insurance company.
    In fact I have yet to hear of anything from obamacare that is supposed to promote better quality of care from healthcare providers.
    The only things i have heard and read about it are higher taxes so politicians can determine what care someone receives.

  • Trench_Raider

    “can only all hope” that is.
    The program will not let me edit posts for some reason as I cannot enter text after I log in. Odd.

    TR

  • Mr. EMT

    Thought that was pretty obvious >.>
    I also figured by saying “he pays” actually means his parents pay.

  • ATeaPartyPatriot

    WOW! A federal judge that isn't just a stooge for the White House! That's one in a million.
    Now if only Judge Hudson could replace puppet Judge Bolton in the Arizona immigration reform law case, maybe that case could get some REAL justice .

  • http://conservativebootcamp.com Martin Hale

    Yep – agreed, it's far better that our legislative elites make themselves rich, than for any GreedyCorporateLooterâ„¢ to get rich.

    /sarc

    I just love how the purveyors of perpetual victimhood resort to the old, rather hackneyed meme that it's private sector people who're the rich, greedy bastards. Our Congress is full of millionaires, whose interests are nowhere near close to the interests of a majority of the people they govern. But since 8 of the richest 10, and 13 of the richest 20 are Demmicans, and the Demmican party is now as large a recipient of Wall Street largess as are the Republicrats, we don't talk about that much. Sshh. No, it's much better that we hide behind the trusty old Democrat/Republican schism and sling verbal barbs back and forth while both the corporations and the government loot damn well what they please from us, usually with the permission of our judiciary.

    “Look, over there – a corporate fat cat's getting rich. Get him boys! String him up like a side of beef!” That's the kind of partisan crapola we get from people like Alan Grayson, who in 2008 reported $31.24 MM in assets. A real man of the people, right?

  • Christopher_Taylor

    In a just, sane world, the Government Health Insurance Takeover Act would never survive the slightest judicial review – but then, neither should have Roe v Wade or the McCain-Feingold Campaign Finance Reform travesty. We don't live in a just world.

  • Christopher_Taylor

    Well, he could be just lying through his teeth, too.

  • StanW

    Always a possibility with this one, CT!

  • baoxian

    The Federal government has absolutely no authority to force people to buy anything.

    Will Obama deploy the National Guard to force people to sign up for insurance at gunpoint when Virginia finds Obamacare unconstitutional? That's his next and only step.

  • jimmychoo789

    Different brand ,different season Not every brand is great in same season,and not a brand that you love is great in different season ,so you should learn to choose different brands in different season.In spring ,you can choose moncler jackets,its color is bright and warm,sametime,its style is very lively,this is spring's style; In summer, the brand is easily choose, because summer is the season of clothes ,many brands are designed for summer,here, I advise you to choose Miu Miu Shoes and Christian Louboutin Boot ,their styles are simple and fashionable, wearing them UGG, you will feel cool and elegent ,say shoes,this season you can choose manolo blahnik boots store, its Sandals are Sophisticated and luxurious ;in antumn,you can try Christian Louboutin,its trench coat may give you a romantic season. come to winter,YSL pumps may be your best choose,its down is warm and fashionable,don't forget the Giuseppe Zanotti Shoes,its hing-heel boot can make you facinating in the snow. Gucci

  • gfchicago

    Jimmy, this is a political discussion board. Not a place to hawk your wares as it were.

  • TheDickNixon

    Nixon has had cancer and doesn't pay much more than that. Personally, Nixon thinks you are lying.

  • Cowboy

    Best News…

    There is no severability clause in Obamacare that would provide for the remainder of the bill to stand if parts are declared unconstitutional.

    If one part is declared unconstitutional, the entire bill is unconstitutional.

  • Kingfisher

    To summarize:

    American people: 1
    Obama and the rich elite: 0

    This is far from over. Let's hope more judges rely on the Constitution for future rulings.

  • gfchicago

    I hope that analysis holds true. I saw a segment with Judge Andrew Napolatino (S/P?) yesterday where his analysis was just the opposite. He said that while the requirement for everyone to buy health insurance could be over turned or declared unconstitutional, the rest of the law would remain in tact.

  • President Friedman

    I think Napolatino is right on that, but I also think the mechanics of Obamacare depend on the Insurance Mandate to such a degree that the Dems would HAVE to go back to the drawing board if the mandate was overturned. The balance they struck w/ the insurance industry was that they would have to insure people with pre-existing conditions, but to make up for the losses that would cause, the govt. was going to force everyone to buy insurance. Take out the 2nd part of that equation and the insurance companies go insolvent in about a week once they have to start paying for treatments for millions of customers with pre-existing conditions. While plenty of Dems would love nothing more than to see the insurance companies go broke so they can implement a true government-run healthcare system… they don't want to appear to have caused it by incompetence. So I think if the courts strike down the Mandate, there will be a domino effect that results in most (not all) of the teeth being removed from Obamacare.

  • President Friedman

    If he/she/it has an individual policy and is over 50, $700 a month for a shitty policy isn't so unfathomable, or at least it wouldn't be around here. Of course, that policy is only shitty until you get cancer and need $300K worth of medical treatments.

    I'm relatively young and healthy and pay almost $400 per month for a family policy w/ a $4000 deductible and no frills like doctor visits. … my old Blue Cross plan w/ a $500 deductible and all the bells and whistles would have easily been close to $700 by now if I hadn't dumped it about 4 years ago.

    Insurance is expensive, especially if you buy your own and are older.

  • W_R_Ranch

    I believe it is the latter…

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