The Conservative Cave
Current Events => Breaking News => Topic started by: Chris_ on August 02, 2010, 11:04:33 AM
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A federal judge Monday refused to dismiss a Virginia lawsuit challenging the constitutionality of the federal health-care law, handing the law's foes their first victory in a courtroom battle likely to last years.
The lawsuit, lodged by Virginia Republican Attorney Gen. Ken Cuccinelli II, argues that Congress overstepped its constitutional authority when it included a provision in the law mandating that citizens purchase health insurance by 2014 or pay a fine.
http://voices.washingtonpost.com/local-breaking-news/virginia/va-health-care-lawsuit-to-proc.html
"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," Hudson wrote in a 32-page decision.
"Given the presence of some authority arguably supporting the theory underlying each side's position, this court cannot conclude at this stage that the complaint fails to state a cause of action," he wrote.
The U.S. government, which was defending itself through the Health and Human Services Department run by Secretary Kathleen Sebelius argued that everyone will need medical services at some point in their life and therefore is either a "current or future participation in the health care market," and therefore subject to taxation.
"We do not leave people to die at the emergency room door -- whether they have insurance or not. Those costs -- an estimated $43 billion annually -- are absorbed by everyone else paying into the health care market including doctors, hospitals and insured patients. Congress has the authority under the Commerce Clause to address that cost-shifting burdening the interstate market for health care," argues the brief filed by the Justice Department on behalf of HHS.
http://www.foxnews.com/politics/2010/08/02/judge-permits-virginia-health-care-law-challenge-continue/
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That's one way to stop Lord Zero's agenda, use his own weapons against him.
SUE THE HELL OUT OF THE FEDGOV! :cheersmate:
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I'm no judge, and I'm not steeped in the intricasies of case law, but as this case moves up the judicial food chain, and as arguments are made, I would like to hear that one judge asks this basic question of Sebelius and her court clowns:
"You say this is a tax, despite the fact that the statute itself clearly describes the fee collected for not obeying the mandate as a penalty. Fine. WHAT ARE YOU TAXING? WHAT IS THIS A TAX ON?
Secretary Kathleen Sebelius argued that everyone will need medical services at some point in their life and therefore is either a "current or future participation in the health care market," and therefore subject to taxation
This was, as I read it, as close to an admission that this is a tax on being born as makes no difference. But I would like to hear a judge force those words out of their lying mouths.
Just an afterthought: so, should women who have abortions get tax credits for every abortion they have? Each abortion is one less "current or future particip[ant] in the health care market."
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That this movement of state resistance to the ever-more-powerful federal government may well lead to a resurgent effort to restore the 10th Amendment in terms of State's Rights is both healthy and encouraging, don't you think?
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I am so glad that some states are standing up to this regime we have in the White House. They want to control us all!
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Unfortunately, mine is not one of them. WV would vote Satan into office if he ran as a democrat.
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Unfortunately, mine is not one of them. WV would vote Satan into office if he ran as a democrat.
Whaddya mean, "would"?