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Virginia Wins Healthcare Lawsuit

By Greg L | 13 December 2010 | National Politics, Virginia Politics | 17 Comments


Judge rules that Congress exceeded its constitutional authority with ObamaCare and rules in favor of Virginia.

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  1. Robert L. Duecaster said on 13 Dec 2010 at 1:00 pm:
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    Judge Hudson’s decision was a clear, unequivocal denouncement of Congress’ and Obama’s attempt to coerce Americans to enter into contractual agreements. Allowing such a law to stand would set a dangerous precedent and subject Americans to complete domination by the government in their commercial lives.

    I believe the AG is making a mistake, however, in asking for immediate SCOTUS review. Since time is not of the essence (the law does not take effect until 2014), an opinion from the Court of Appeals either affirming or reversing Judge Hudson’s decision would be helpful to the Supremes in making their decision.

  2. Riley said on 13 Dec 2010 at 1:33 pm:
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    I disagree. I think that punting this directly to SCOTUS is a wise decision. Get that case before them while we still have a 5-4 majority on the court. Scalia and Kennedy are both 74. They’re still in good health, but do you want to take any chances on that or anything else?

  3. Harry said on 13 Dec 2010 at 2:05 pm:
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    Another activist judge.

  4. Stop shouting said on 13 Dec 2010 at 2:24 pm:
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    Well done, Ken. Thank you so much to all the McDonnell team for anticipating this and filing the VA healthcare freedom law.

    I hope that the R’s in DC understand we don’t want Obaminationcare “fixed”, we want it GONE.

  5. Kris Day said on 13 Dec 2010 at 3:11 pm:
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  6. NoVA Scout said on 13 Dec 2010 at 7:02 pm:
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    we’ve got disparate opinions on this from different federal district courts. It won’t go directly to the SC. It will come up through the Circuits. Ironically, Congress and the administration could have avoided this vulnerability by going to single payor. Their effort to compromise left open this line of argument. If they had had the courage of their convictions and just put in place national health care, they wouldn’t have had to use this bolt-on device of requiring the purchase of private insurance. There no doubt would have been other challenges to that approach, but it wouldn’t have been this particular problem.

  7. Anonymous said on 13 Dec 2010 at 8:20 pm:
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    VICTORY - Follow up and Discussion of Ruling

    Monday, 13 December 2010 21:57

    As I told you earlier today, Virginia won the first round of the constitutional fight over the federal health care law. I also told you I’d get back to you with more details later in the day, and I’m keeping my promise.

    I will tell you up front that I will also go into still more detail later this week - when time allows.

    Arguments and Outcomes

    There were two basic arguments in this case.

    First, Virginia argued that the individual mandate was beyond the power of Congress and the President to impose under the Constitution. Specifically, Congress claimed that their regulatory power under the Commerce Clause allowed them to order you to buy their government-approved health insurance, even if you decide not to buy health insurance.

    The judge ruled that the federal government does not have the power to compel you to buy health insurance as part of its attempt to regulate the entire field of health care and health insurance. Thus, Virginia won this argument.

    Second, the federal government advanced a ‘fallback’ argument in case it lost on its commerce clause argument. The feds’ fallback argument was that the financial penalty you have to pay if you don’t buy the government mandated health insurance is a tax.

    This may sound like an odd argument from a political standpoint - usually they say everything is NOT a tax (in fact, they argued the penalty was not a tax while they were trying to get the bill passed); however, they changed position after the bill became law to try and save the bill. What they were trying to do was to get the courts to agree that because the penalty would presumably raise some revenue, it was therefore a ‘tax’ under the taxing and spending for the General Welfare Clause of the Constitution.

    No judge in the country has bought this argument, and Judge Hudson was no exception. He ruled that the taxing power of Congress does not save the bill, because the penalty for not buying the mandated health insurance is not a tax.

    The federal government only had to win on either of these two arguments, while Virginia needed to win both to prevail, and we won both!

    What’s Next?

    Certainly the federal government will appeal their loss in the district court to the 4th circuit court of appeals within the next 30 days. And whichever side loses in the 4th circuit will certainly appeal to the Supreme Court. And no one has any serious doubts that ultimately the constitutionality of the individual mandate will be decided by the U.S. Supreme Court.

    That could take approximately (very rough approximation) two years. We are discussing with the Department of Justice accelerating the case, and those discussions have been very cordial thus far. More on that later.


    Today is a great day for the Constitution. Today the Constitution has been protected from the federal government, and remember, an important reason for the constitution in the first place was to limit the power of the federal government.

    Today is also a day of a small degree of vindication. When we first filed suit, the screeching of the liberals was deafening. Everything from accusing us of playing politics instead of practicing law, to filing what they called a ‘frivolous’ lawsuit.

    I want you to know, that our team makes decisions based on the Constitution and the laws. Period. We deal with the consequences of our decisions separately, but first and foremost we have been and will continue to be true to the Constitution and laws of the United States and Virginia, regardless of whether it’s easy or hard in any particular case.

    Thank you for your continuing support!


    Ken Cuccinelli, II
    Attorney General of Virginia


  8. legal2 said on 14 Dec 2010 at 6:47 am:
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    Maybe the law doesn’t go into effect until 2014, but we are already feeling its effects. And “children” to age 26, married or not, living with you or not, employed or not, are being covered this Jan 1st.

  9. VA_Magoo said on 14 Dec 2010 at 10:42 am:
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    Step one complete…..
    Now can we start repealing some of the other UNCONSTITUTIONAL laws and bills?

    Can we start a movement to repeal the 17th amendment?

  10. Tyler Durden said on 14 Dec 2010 at 11:18 am:
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    Repeal the 19th and all else will fall into place.

  11. Anonymous said on 14 Dec 2010 at 3:20 pm:
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    You are dead wrong. There are plenty of good conservative women out there who deserve the right to vote.

  12. Tyler Durden said on 15 Dec 2010 at 10:37 am:
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    We’re a nation of men raised by women. That’s why we are what we are.

  13. Disgusted said on 15 Dec 2010 at 6:08 pm:
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    Mind you, I think striking down compulsory commerce is the correct decision, but how come when its a conservative judge acting in favor of conservative dogma, he’s a patriot, but when its a liberal judge acting in favor of liberal dogma, he’s an activist judge overstepping his constitutional bounds? ANSWER: Both are activists - it just depend on which side you fall. Dogma is dogma Harry!

  14. Jack said on 15 Dec 2010 at 10:27 pm:
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    Because, Disgusted, the conservative judges base their decisions on the Constitution, and the liberal judges do not.

  15. USA said on 16 Dec 2010 at 6:38 am:
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    The decision to go straight to the supremes is a sound one. It is headed there anyway, and this will save the taxpayers money.

    There simply is no reason to fatten an army of lawyers any more than they already are.

  16. USA said on 16 Dec 2010 at 6:48 am:
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    The solution to this whole issue is for the government to be removed completely from health care.

    Health care is a commodity, just like anything else. Not only that, but our government has proven time after time that it is unwilling and unable to actually run anything.

    Add to that disgusting mix the current reparations efforts by the socialists and one has the recipe for bankrupting this country.

    Medicare and Medicaid prove beyond any shadow of a doubt where this is headed.

  17. Jack said on 16 Dec 2010 at 8:28 pm:
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    “our government has proven time after time that it is unwilling and unable to actually run anything.”

    Nonsense. It is very good at running a deficit.

Comments are closed.

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