A federal judge has ruled that the State of Virginia can continue with a lawsuit against the federal government over the health reform law, a legal setback at this point for the Obama Administration. The ruling by Judge Henry Hudson finds "a host of complex constitutional issues" which need more hearings and review.
The nut paragraph comes near the end of his 32 page ruling:
"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.
"Neither the U.S. Supreme Court nor any circuit court of appeals has squarely addressed this issue. No reported case from any federal apellate court has extended the Commerce Clause of Tax Clause to include the regulation of a person's decision not to purchase a product, notwithstanding its effect on interstate commerce."
Judge Hudson says a hearing must be held on the merits of the case. There is already one set for October 18.
While this is by no means a legal loss for the Obama Administration, it is a setback, because the case lives on.
For those wondering, Judge Hudson was named to the federal bench by President George W. Bush in 2002.
The reaction from the feds was that this is just a preliminary ruling, and certainly not the last word in the legal arena on the health reform law.
"We fully expect the that the court will ultimately uphold the law," said Ron Pollack, the head of Families USA, a group that strongly supports the health reform law.
"This case is really a politically motivated ploy aimed at diverting attention from the many benefits of the new law," added Pollack.
A federal judge has ruled that the State of Virginia can continue with a lawsuit against the federal government over the health reform law, a legal setback at this point for the Obama Administration. The ruling by Judge Henry Hudson finds "a host of complex constitutional issues" which need more ...
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