Virginia Court Tells Obama To Shove His National Healthcare Law, Ruling It Is Unconstitutional

Round one, baby, goes to the American people and to the Constitution in the legal battle over the constitutionality of the new National Healthcare Law as a Virginia court judge has ruled the new law as unconstitutional. Yesssss!

Now, I know....I know...it's only the first round and this whole thing will end up being decided by the Supreme Court - well, that is unless the Federal government decides to withdraw from defending it (ha ha). But I gotta tell you, after the damn rulings lately by the courts regarding the proposition in California and the Fed's suit against Arizona, it's damn nice to see a rational and correct judge does exist in this country.

From the article at Loudon Times:

The back and forth legal tug of war over the new federal health care law got pulled mightily in the direction of opponents of the law on Monday, as a federal court in Richmond ruled that a core part of the Patient Protection and Affordable Care Act is unconstitutional.

The 42-page ruling makes Virginia’s Richmond district the first court in the nation to strike down part of the law and all but assures that the issue will head to the U.S. Supreme Court for action. The lawsuit upon which today’s ruling was based was filed by Virginia Attorney General Kenneth Cuccinelli (R).

In a decision by Judge Henry E. Hudson of the U.S. District Court for the Eastern District of Virginia, the so-called “individual mandate” portion of the new health care law, which required uninsured Americans to purchase health insurance or face fines, was outside of Congress’ jurisdiction.

“[E]nactment of the Minimum Essential Coverage Provision exceeds the Commerce Clause powers vested in the Congress under Article I [of the U.S. Constitution],” Judge Hudson’s ruling states.

“Judge Hudson’s ruling thwarts a power grab by the Obama Administration and Congress to extend their insidious reach further into our private lives,” state Del. Robert Marshall (R-south-central Loudoun) said in a statement.

What I'd like to add is this - we, the people of America, simply won't have this law rammed down our throats and this better serve as a HUGE signal to the Obama administration and all of the Marxist leftists in this country that the sleeping giant in this country, the tea party of conservatives that has numbers you cannot even imagine, is taking you on Big Brother. WE RUN THIS COUNTRY. You peons in Washington, D.C., best get it thru your huge egos and oversized heads that you are our "servants" that we selected. Not only can we vote your fat asses out of D.C., but we can take down everything you throw at us. You caught us sleeping the last two years, well, the news for you is we are awake.

Yes, we are WIDE awake and frankly, pretty pissed off.

Congratulations to the state of Virginia!

Virginia court strikes down health care law; Loudoun lawmakers react


The back and forth legal tug of war over the new federal health care law got pulled mightily in the direction of opponents of the law on Monday, as a federal court in Richmond ruled that a core part of the Patient Protection and Affordable Care Act is unconstitutional.

The 42-page ruling makes Virginia’s Richmond district the first court in the nation to strike down part of the law and all but assures that the issue will head to the U.S. Supreme Court for action. The lawsuit upon which today’s ruling was based was filed by Virginia Attorney General Kenneth Cuccinelli (R).

In a decision by Judge Henry E. Hudson of the U.S. District Court for the Eastern District of Virginia, the so-called “individual mandate” portion of the new health care law, which required uninsured Americans to purchase health insurance or face fines, was outside of Congress’ jurisdiction.

“[E]nactment of the Minimum Essential Coverage Provision exceeds the Commerce Clause powers vested in the Congress under Article I [of the U.S. Constitution],” Judge Hudson’s ruling states.

The move by the Virginia federal court won’t, however, prevent the implementation of the overall law from moving forward – for now. The provision that was struck down today – and likely to be appealed by the Department of Justice – doesn’t take effect until 2014, if upheld.

At the same time, two other federal courts have issued rulings recently in lawsuits challenging the federal health law - both of which rejected the complaints and allowed the health care reform law to proceed. More than two dozen lawsuits have been filed in other courts against the federal health care law. One, in Florida, has been joined by 20 state attorneys general.

As expected, health care opponents welcomed the news.

“Judge Hudson’s ruling thwarts a power grab by the Obama Administration and Congress to extend their insidious reach further into our private lives,” state Del. Robert Marshall (R-south-central Loudoun) said in a statement.

Early this year, Marshall, who represents portions of Prince William and Loudoun in Richmond, was the principal House of Delegates sponsor of H.B. 10, the Virginia Health Care Freedom Act, which exempts state residents from the federal health care law. Marshall’s bill was passed by overwhelming votes in both houses of the General Assembly earlier this year and was signed into law by Gov. Bob McDonnell.

“Clearly, Judge Hudson understands that the federal government can’t have it both ways in enforcing the Constitution’s Commerce Clause. Legally or otherwise, it makes no sense to expand federal authority over participating in interstate commerce to include those of us who choose not to participate,” Marshall said.

“The attempt by Congress and the President to compel citizens, under threat of fines and jail, to enter into any contract, is without precedent in American history,” Marshall said. “It undermines our constitutional form of government. It is an affront to free men and women. And it is a power grab without practical limits.”

Predictably, Virginia supporters of the health care law were disappointed.

Dr. Chris Lillis, a Fredericksburg physician and member of the Virginia Organizing Health Care Reform Committee – which supports the health law – said, “Judge Hudson’s decision is disappointing, and is clearly outside of the legal opinions of several other courts who have recently rejected lawsuits brought against the Patient Protection and Affordable Care Act.”

Jim Lindsay, also of the Virginia Organizing Health Care Reform Committee, took aim squarely at Cuccinelli in his role as the lawsuit’s plaintiff.

“This law ultimately provides desperately needed coverage to a million uninsured Virginians and critically needed consumer protections to all Virginians,” Lindsay said. “The Attorney General’s suit represents an egregious waste of scarce state resources and a threat to the rights of the very consumers he was elected to protect.”
Virginia Gov. Bob McDonnell (R) applauded the ruling.

“Judge Hudson has clearly, and correctly, found the Commerce Clause of the United States Constitution does not provide the Congress the power to mandate that an individual purchase a specific product or policy, and then exact a penalty for a failure to not make the purchase,” he said.

McDonnell also voiced concern that today’s ruling allowed the implementation phases of the federal health care law to proceed, and asked for expedited legal action to give states more clarity in directing their preparation for implementing other parts of the law.

“I urge the United States Department of Justice to join with Attorney General Cuccinelli in supporting fast tracking of this case directly to the Supreme Court. Both sides should seek to waive a hearing in the Fourth Circuit Court of Appeals, and allow this monumental case to move immediately to the U.S. Supreme Court for prompt final resolution. To encourage such a decision, I have asked all governors and governors-elect to join me in a letter to United States Attorney General Eric Holder asking for his agreement to an expedited review. There must be certainty and finality in order for our businesses and citizens to both know and adhere to the law,” McDonnell said.

U.S. Rep. Frank Wolf (R-10), who voted against the health care bill when it was being considered by Congress in early 2009, said, “This decision underscores many of the concerns I had with the health care reform legislation…[I] continue to support the lawsuit of Virginia Attorney General Ken Cuccinelli.”

Another Loudoun lawmaker, state Del. Thomas “Tag” Greason (R), said he was “pleased” and “encouraged” by today’s ruling.

“I think that the individual mandate is a very dangerous precedent to be set,” Greason said. “It’s not because I’m against health care for all citizens, but when the federal government has the power to tell you to buy an individual product we set a bad precedent.”

Greason added that there are some aspects of the health care legislation he does agree with, such as the requirement that insurance companies overlook preexisting conditions when issuing coverage to a patient.