Monday, August 2, 2010

Commonwealth of Virginia 1 - Obamacare 0

Judge Henry Hudson has refused to dismiss the case that Virginia has filed against Obamacare:

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 — an individual’s decision not to participate in interstate commerce. Neither the US Supreme Court nor and federal circuit court of appeals has squarely addressed this issue. No reported case from any federal appellate court has extended the Commerce Clause or Tax Clause to include the regulation of a person’s decision not to purchase a product...

At this point, it doesn't mean a great deal, except that federal government will have defend itself in court.  A final ruling is not expected until mid November, but the court arguments should be taking place during the election season. 

Virginia is not involved with the 22 other states that have also filed suits against Obamacare, as they have a law that says that federal government cannot mandate the purchase of health care insurance, which for the naysayers mirrors the law about car insurance in this state.  You do not have to have car insurance, you pay a fee to the motor vehicle department when you register, but it is not mandated. 

Ken Cuccinelli has also made statements today that Virginia police are allowed to ask about immigration status during arrests in the state.  I must admit, I wasn't jazzed about him getting the nomination for Attorney General, but I have been proven incorrect.  He has done a good job standing by conservative principles. 

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