Post by Arch on Aug 3, 2010 0:07:51 GMT -6
Virginia health care lawsuit can proceed, judge rules
Posted: August 2nd, 2010 04:21 PM ET
From CNN's Charles Riley
Washington (CNN) – The Commonwealth of Virginia will be allowed to continue its constitutional challenge to the health care bill signed into law by President Obama earlier this year, a federal trial court ruled Monday.
Judge Henry Hudson ruled in a 32-page opinion that the legal challenge mounted by Virginia State Attorney General Ken Cuccinelli should be allowed to continue. The state argues that part of the health care bill – Section 1501, which requires individuals to obtain a minimum level of health insurance – is unconstitutional.
"While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate - and tax - a citizen's decision not to participate in interstate commerce," Hudson wrote in his opinion. "Neither the U.S. Supreme Court nor any circuit court of appeals has squarely addressed this issue."
Cuccinelli voiced his approval of the judge's ruling in a statement issued after the court ruled.
"We are pleased that Judge Hudson agreed that Virginia has the standing to move forward with our suit and that our complaint alleged a valid claim." Cuccinelli said.
But Monday's ruling is a narrow one that only allows the lawsuit to continue. The merits of the state's case will be argued in a full hearing at a later date. It's a fact the White House pointed to in a blog post dedicated to the court's decision.
"Now that this preliminary stage has ended, the government fully expects to prevail on the merits," White House aide Stephanie Cutter wrote. "The Affordable Care Act falls well within Congress's power to regulate under the Commerce Clause, the Necessary and Proper Clause, and the General Welfare Clause. As President Reagan's Solicitor General Charles Fried recently wrote, 'the health care law's enemies have no ally in the Constitution.' "
Virginia Gov. Bob McDonnell said the state is looking forward to a full hearing.
"I applaud today's decision allowing Virginia's constitutional challenge to the Patient Protection and Affordable Care Act to move forward. Attorney General Ken Cuccinelli has brought forward a specific and narrowly tailored objection to the Act. It warrants a full and thorough hearing in our courts. It is meritorious and constitutionally correct," McDonnell said in a statement.
–CNN's Peter Hamby contributed to this report
Posted: August 2nd, 2010 04:21 PM ET
From CNN's Charles Riley
Washington (CNN) – The Commonwealth of Virginia will be allowed to continue its constitutional challenge to the health care bill signed into law by President Obama earlier this year, a federal trial court ruled Monday.
Judge Henry Hudson ruled in a 32-page opinion that the legal challenge mounted by Virginia State Attorney General Ken Cuccinelli should be allowed to continue. The state argues that part of the health care bill – Section 1501, which requires individuals to obtain a minimum level of health insurance – is unconstitutional.
"While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate - and tax - a citizen's decision not to participate in interstate commerce," Hudson wrote in his opinion. "Neither the U.S. Supreme Court nor any circuit court of appeals has squarely addressed this issue."
Cuccinelli voiced his approval of the judge's ruling in a statement issued after the court ruled.
"We are pleased that Judge Hudson agreed that Virginia has the standing to move forward with our suit and that our complaint alleged a valid claim." Cuccinelli said.
But Monday's ruling is a narrow one that only allows the lawsuit to continue. The merits of the state's case will be argued in a full hearing at a later date. It's a fact the White House pointed to in a blog post dedicated to the court's decision.
"Now that this preliminary stage has ended, the government fully expects to prevail on the merits," White House aide Stephanie Cutter wrote. "The Affordable Care Act falls well within Congress's power to regulate under the Commerce Clause, the Necessary and Proper Clause, and the General Welfare Clause. As President Reagan's Solicitor General Charles Fried recently wrote, 'the health care law's enemies have no ally in the Constitution.' "
Virginia Gov. Bob McDonnell said the state is looking forward to a full hearing.
"I applaud today's decision allowing Virginia's constitutional challenge to the Patient Protection and Affordable Care Act to move forward. Attorney General Ken Cuccinelli has brought forward a specific and narrowly tailored objection to the Act. It warrants a full and thorough hearing in our courts. It is meritorious and constitutionally correct," McDonnell said in a statement.
–CNN's Peter Hamby contributed to this report