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The Spectacle Blog
A federal judged has sided with Virginia in its lawsuit challenging the constitutionality of the national health care law, Virginia Attorney General Ken Cuccinelli just announced on Twitter.
“HC ruling
is in. Va won this round,” he wrote.
The Virginia suit is one of the two main legal challenges to ObamaCare, the other one is led by Florida and involves 19 other states.
Opponents of ObamaCare had been hopeful, because in his August ruling allowing the case to proceed, U.S. District Court Judge Henry Hudson, an appointee of George W. Bush, embraced the argument that ObamaCare represents a novel use of the Commerce Clause that has yet to be considered by the courts.
The decision will now be appealed by the Obama administration.
More to come.
View all comments (10) | Leave a comment
More Blog Posts by Philip Klein
http://spectator.org/blog/2010/12/13/breaking-virginia-wins-first-r
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Richard Baker| 12.13.10 @ 12:20PM
As a Virginian, I am proud of my Home State. What a bunch of Tigers in the leadership in Richmond. The Old Dominion!
Domagoj | 12.13.10 @ 12:27PM
What great news. Since when can our federal government force us to buy a product or service? I don't remember reading that in the Constitution. Our federal government was formed to protect us from enemies foreign and domestic and thus ensure the protection of our individual liberties. Forcing us to buy something violates this.
Occam's Tool| 12.13.10 @ 12:40PM
The Dems should learn to read their bills. Here comes the schadenfreude express!
Wayne | 12.13.10 @ 12:38PM
The commerce clause must have some restriction, else it would not be necessary, and that is what this judge ruled. There must be commerce. Without it the whole law falls apart. Now the GOP needs to not fund any aspect of ObamaCare, putting the whole law on hold till the supreme court rules on this (or it is just repealed).
Chris| 12.13.10 @ 12:42PM
Stick O-care where the sun don't shine! O-care has just met its own Death Panel! On to the Appeals & Supreme Court!
Derek Leaberry| 12.13.10 @ 12:51PM
Hopefully Henry Hudson can be persuaded to run for senator. He thinks outside the box.
VinceP1974| 12.13.10 @ 1:08PM
While I'm happy with the result, I'm disturbed that a more broad based attack on this law wasn't considered.
So many facets of this law is out of bounds and not just the part about requiring everyoneto buy something.
The micromanagement of who can build hospitals, the fact that the government has to provided with all sorts of data and things of that nature are just as much as violation as the mandate.
Mimi| 12.13.10 @ 1:09PM
God bless the likes of this Judge....The Honorable Henry Hudson. I knew he was a Patriot! Well folks... another GIFT ....First the Nov.2nd win now another hill taken in the battle to take back the country! The LIBS/commies should wake-up now...and realize...it is all but over. Rasmussen has it that 60% want the O-care bill repealed. Keep up the good work AMERICA!!!
Oldefarte| 12.13.10 @ 1:47PM
Shazam, what happened? I thought that Barry was this crack barrister/law professor? WTF's going on here? No HOPE and CHANGE? Guess it's NO YOU CAN'T possibly, huh??????????
Ruthie| 12.13.10 @ 2:08PM
The critical first win came in the 2009 election when the people of Virginia overwhelmingly elected Bob McDonnell, Bill Bolling, and Ken Cuccinelli, along with many conservatives in the state house. I, too, am concerned with the broader reach of ObamaCare, especially the unspoken intent to drive private (and employer supported) insurance out of business that will result in a single payer, government run health care takeover without options. Thank you so much Virginia for staying the course on this!