Tuesday, August 03, 2010

Virginia Federal Judge Throws A Major Monkey Wrench Into ObamaCare

All hail the Old Dominion!

There are currently 22 lawsuits aimed at ObamaCare's constitutionality, and one of them was filed in Virginia.

Federal District Judge Henry Hudson ruled against the feds and declined to dismiss a lawsuit brought by the State of Virginia challenging the Obamacare health care mandate as going beyond the scope of the Commerce Clause and as a violation of the 10th Amendment. The judge allowed the suit to proceed on both grounds.

At the heart of the matter is whether the federal government has the right to mandate the purchase of a particular consumer item...not as a prerequisite to some other privilege, like driving, but merely because they exist.

If the government does have that right, then there is pretty much nothing the federal government cannot do, and the entire premise of the Constitution that government has limited powers as definitively stated no longer applies.

If the government can't force you to buy something from a private corporation simply because you happen to live in America, than the entire premise of ObamaCare is unconstitutional (something some of us have maintained all along) and the entire rotten edifice crumbles.

As a side point, remember that our forefathers fought a revolution in part because the ruling government tried to force them to buy stamps for day to day activities.

It's important to note that this ruling merely means the suit has legal grounds and can proceed.But the judge made extensive findings in his ruling as to the law itself, and that law is pretty much as it is and isn't going to change, unlike say, the evidence in a criminal trial or a civil law suit.

So the ruling gives us a good indication of how the judge views the law, and that view looks favorable to a judgment in favor of Virginia.

Since this now has to wend its way through the courts, the provisions of ObamaCare will undoubtedly be suspended until a final legal decision is made, and that almost certainly means the Supreme Court.

Thanks to the Ruling Class hacks known as Journolistas and their associates in Dinosaur media,this story is not getting much attention. But remember, you heard it here first.

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1 comment:

B.Poster said...

Does it really matter how a judge decides? In passing Obamacare, the Obama Administration ignored public opinion and they ignored Congressional rules. They could not even pick off enough Republicans to beat a filibuster!! They had to use a reconciliation thing or something to this effect. The point is, given that he and his team have ignored all of these groups, why not simply ignore the courts and do what you want any way?

I find it somewhat cute that the "Left" sights public opinion when they want to talk about withdrawing from Afghanistan but they don't site public opinion when voicing their support for things such as Obamacare or the mosque at Ground Zero. In these cases public opinion does not seem to be with them. It appears the public is only to be paid attention to when they agree with the "left." In other words, the public is just pawns on their political chess boards to be used and abused as they see fit.

This may be the case for the "right" as well, however, the "right" has no real politcal influence. Even the influence of the so called tea party is over stated.