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State has right to challenge healthcare law, judge rules

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posted on Aug, 3 2010 @ 12:23 PM
The Los Angeles Times

By Noam N. Levey, Tribune Washington Bureau

But the judge swept aside the Obama administration's efforts to quash the legal contest in its infancy, ruling that the state of Virginia has the right to sue. Citing the sweep of the new law, he also appeared to open the door to a potentially drawn-out legal battle over a core tenet of the health overhaul. "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," wrote Hudson, an appointee of President George W. Bush. "Neither the Supreme Court nor any circuit court of appeals has squarely addressed this issue."

Google Hosted AP News

This is great news and a blow to the "control" freaks in the US government. This doesn't mean that Va. will win the lawsuit that challenges the constitutionality of forcing everyone to purchase health insurance, but it's a step in the right direction.

There are choices in this life which should be at the sole discretion of the individual and should never be mandated by an out of control government. Since when did it become their "purpose" to protect every aspect of every life within this country? Good luck to Virginia!

Edit: Mods please delete - wrong formatting, sorry.

[edit on 3/8/2010 by SeenMyShare]


IMPORTANT: Using Content From Other Websites on ATS

[edit on Tue Aug 3 2010 by DontTreadOnMe]

[edit on 3/8/2010 by SeenMyShare] Edited to fix link and article attributes.

[edit on 3/8/2010 by SeenMyShare]

posted on Aug, 3 2010 @ 01:21 PM

Checks and Balances in the government??

This story MUST be a farce!

[edit on 3-8-2010 by Jeanius]

posted on Aug, 3 2010 @ 02:26 PM
reply to post by Jeanius

Hopefully its the start of a new trend! I'd like to see the government have to answer to its people for a change, wouldn't you? Of the people, by the people and for the people needs to come back into vogue! I just hope and pray that VA wins and that it sets a precedence against the heavy handed acts of our government.

Edit: spell check should be my friend.

[edit on 3/8/2010 by SeenMyShare]

posted on Aug, 3 2010 @ 02:31 PM
The implications could be enormous.

If the SCOTUS' recent 2nd A rulings are any indication though we'll likely end up with some watered-down weak-ass PC ruling that just lets the tyranny keep rolling along.

posted on Aug, 3 2010 @ 02:44 PM
reply to post by thisguyrighthere

I fear you are right, but I'll still keep my hopes up.

I'd like to see more of the states challenging the health care bill via the court system. I'd really like to see the states challenge the federal government on a lot of issues come to think of it
. I, for one, am so sick and tired of the government telling me on a personal level what is in my best interest.

I understand the thought process that went into the bill as far as not straining an already overburdened system. I just think mandating the purchase of insurance is not the way to fix the problem. This is how I see this going down.

G: Buy insurance.
JQP: Sorry, can't afford it.
G: Fine, you're fined!
JQP: Sorry, can't afford it.
G: Fine, you're jailed.
JQP: Fine, free food, housing and health care!

posted on Aug, 3 2010 @ 07:20 PM
Here's another article discussing Virginia and Obamacare.

ObamaCare and the Constitution—An Update

By BETSY MCCAUGHEY Last November, a reporter asked House Speaker Nancy Pelosi if it was constitutional for Congress to require Americans to buy health insurance. Ms. Pelosi responded, "Are you serious?"

Yes! Speaker Pelosi, everyone is taking this very seriously. We don't like the government stepping in and running every aspect of our lives.

posted on Aug, 3 2010 @ 07:23 PM
reply to post by thisguyrighthere

According to the article I just posted above, if the mandatory part of the bill is declared unconstitutional then the whole bill fails. The administration failed to include a clause that would have allowed them to keep the rest because they said without mandating insurance purchase it wouldn't work anyway.

posted on Aug, 3 2010 @ 07:35 PM
hollow victory they will still push it

it will be interesting to see what happens in november just 3 short months away.

if the house and senate tip in republican control the bill is as good as dead along with the judges ruling supporting them.

if the house and senate stay in democratic hands we are still screwed.

get ready for the ugliest nastiest midterms in american history.

only way to kill that bill is a republican president/republican congress

who knows for sure its a wait and see kind of deal.

[edit on 3-8-2010 by neo96]

posted on Aug, 3 2010 @ 07:40 PM
Existing thread here :

Sorry for the duplicate thread.

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