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The judge who could kill Obamacare

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posted on Jul, 2 2010 @ 01:34 PM

Virginia Attorney General Ken Cuccinelli took Obamacare to court today in U.S. District Court in Richmond. Judge Henry Hudson, a Bush appointee and former U.S. Attorney in the high-profile ‘Rocket Docket’ in the Eastern District of Virginia is a very solid judge. Many Virginia lawyers, including yours truly and Doug Mataconis, practiced before him when he was a Circuit Court judge in Fairfax County. I agree with Doug that regardless of the outcome of the ruling itself, it will be very well thought out. To put it bluntly, Judge Hudson is no slouch.

Please visit the link provided for the complete story.

Details from the oral argument:

A federal judge on Thursday heard opening arguments in Virginia’s lawsuit against the federal government over the high-profile health care law that took effect in March.

Judge Henry E. Hudson said he would likely issue a ruling within 30 days.

The federal government has moved to dismiss the suit brought forth by Virginia Attorney General Ken Cuccinelli on the grounds that it has the authority to enforce the law under the Commerce Clause in the Constitution.

Ian Gershengorn, a deputy assistant U.S. attorney general, said health insurance is different from other products because everyone needs medical care at some point. Even a healthy person can get hit by a bus, and “in this country we don’t allow a person to die at the emergency room door,” he said.

But Cuccinelli has maintained the federal government overstepped its bounds in mandating that people buy health insurance.

“The government can’t draft an unwilling citizen into commerce just so it can regulate him under the Commerce Clause,” E. Duncan Getchell,Jr., solicitor general of Virginia, argued Thursday.

Does this really have a chance, or is this just political grandstanding? It would be hard for me to believe that anything could stand in the way of this so-called health care reform, after all we all saw how it was rammed through. I'm afraid that this may just be political posturing, to make you think that the right is opposing the legislation. What does ATS think?


posted on Jul, 2 2010 @ 02:08 PM
It is really hard to say in the end. But I suppose I would rather have someone fighting it that can over everyone just letting it happen even if they don't want it.

posted on Jul, 2 2010 @ 02:58 PM
The feds sued AZ and lost the first round, the states coming back and sueing the fed over this, I would say they stand a good shot. All it takes is one state to win and set precedent, then its a snowball running downhill.

If this bill isnt overturned, which I still hope will happen, it will be battling in courts under a "stay" until it hits the SC, which will be years down the line. By the time it is finally hits the SC, the socialist movement is hoping to have the SC chalk full of hard line leftists, and it becomes the law of the land. Call your Senators, make them aware that their jobs are on the line if they keep rubberstamping O's SC picks. Sonja was bad, Kagan is a regular nightmare.

posted on Aug, 3 2010 @ 07:37 PM
Edit: your thread was first. Sorry, I'll link that one to yours.

Second line.

[edit on 3/8/2010 by SeenMyShare]

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