I lived in Virginia for a few years, and I never thought of Virginians as being the type to stand up like this. Especially with the whole “we’re not a state, we’re a commonwealth!” thing. But, they are one of the ‘states’ (I say that because they are one of the 50, even if they won’t admit it) that has filed legal action over PPACA, so… WAY TO GO VIRGINIA!
By the way, if you know how many states have filed a lawsuit, please let me know. I’ve seen 13, ‘over 39,’ and 21. None seemed a valid source of information. If Florida is representing a group of 20 states, I’m going to lean towards the 39 number. There should be a website with a ticker tape running.
By Terence P. Jeffrey (CNSNews.com)– Virginia Atty. Gen. Ken Cuccinelli, who has filed a federal lawsuit seeking to overturn the health-care law signed by President Barack Obama last March, says Obama and the Congress that enacted that law–which mandates that individuals must buy government-approved health insurance plans–are seeking a power over the lives of Americans that even King George III did not claim to possess.
“We now have a Congress and a president who believe they can order you to buy a product when King George III and the Parliament of Great Britain, whom we rebelled against, acknowledged that they could not,” Cuccinelli said in a video interview with CNSNews.com.
In October, U.S. District Judge Henry E. Hudson heard arguments on the merits of Virginia’s case against Obamacare.
Lawyers for the U.S. Justice Department, representing the Obama administration, argued that the federal government derives the power to force individual Americans to buy health insurance from the Commerce Clause of the U.S. Constitution, which authorizes Congress to regulate commerce with foreign nations, among the several states and with Indian tribes. Virginia Solicitor General Duncan Getchell Jr., representing Cuccinelli and the state of Virginia, argued that an individual who does not buy health insurance is not engaging in commerce and that the U.S. government has never before attempted to force individual Americans to buy any good or service.
Judge Hudson said he would issue a decision on the merits of the case by the end of this year. Cuccinelli told CNSNews.com that whichever way the judge rules, one side or the other will appeal to the U.S. Court of Appeals for the Fourth Circuit and then to the U.S. Supreme Court. Ultimately, the Supreme Court will need to decide whether in fact the Constitution does give the federal government a power it has never exercised before: the power to order individuals to buy things.