The back and forth legal tug of war over the new federal health care law got pulled mightily in the direction of opponents of the law on Monday, as a federal court in Richmond ruled that a core part of the Patient Protection and Affordable Care Act is unconstitutional.
The 42-page ruling makes Virginia’s Richmond district the first court in the nation to strike down part of the law and all but assures that the issue will head to the U.S. Supreme Court for action. The lawsuit upon which today’s ruling was based was filed by Virginia Attorney General Kenneth Cuccinelli (R).
In a decision by Judge Henry E. Hudson of the U.S. District Court for the Eastern District of Virginia, the so-called “individual mandate” portion of the new health care law, which required uninsured Americans to purchase health insurance or face fines, was outside of Congress’ jurisdiction.
“[E]nactment of the Minimum Essential Coverage Provision exceeds the Commerce Clause powers vested in the Congress under Article I [of the U.S. Constitution],” Judge Hudson’s ruling states.
The move by the Virginia federal court won’t, however, prevent the implementation of the overall law from moving forward – for now. The provision that was struck down today – and likely to be appealed by the Department of Justice – doesn’t take effect until 2014, if upheld.
At the same time, two other federal courts have issued rulings recently in lawsuits challenging the federal health law - both of which rejected the complaints and allowed the health care reform law to proceed. More than two dozen lawsuits have been filed in other courts against the federal health care law. One, in Florida, has been joined by 20 state attorneys general.
Reaction from the Obama administration reflected the split legal decisions on the health law from the past few weeks. “We are disappointed in today’s ruling but continue to believe - as other federal courts in Virginia and Michigan have found - that the Affordable Care Act is constitutional,” said Justice Department spokeswoman Tracy Schmaler.
As expected, health care opponents welcomed the news.
“Judge Hudson’s ruling thwarts a power grab by the Obama Administration and Congress to extend their insidious reach further into our private lives,” state Del. Robert Marshall (R-south-central Loudoun) said in a statement.
Early this year, Marshall, who represents portions of Prince William and Loudoun in Richmond, was the principal House of Delegates sponsor of H.B. 10, the Virginia Health Care Freedom Act, which exempts state residents from the federal health care law. Marshall’s bill was passed by overwhelming votes in both houses of the General Assembly earlier this year and was signed into law by Gov. Bob McDonnell.
“Clearly, Judge Hudson understands that the federal government can’t have it both ways in enforcing the Constitution’s Commerce Clause. Legally or otherwise, it makes no sense to expand federal authority over participating in interstate commerce to include those of us who choose not to participate,” Marshall said.
“The attempt by Congress and the President to compel citizens, under threat of fines and jail, to enter into any contract, is without precedent in American history,” Marshall said. “It undermines our constitutional form of government. It is an affront to free men and women. And it is a power grab without practical limits.”
Predictably, Virginia supporters of the health care law were disappointed.
Dr. Chris Lillis, a Fredericksburg physician and member of the Virginia Organizing Health Care Reform Committee – which supports the health law – said, “Judge Hudson’s decision is disappointing, and is clearly outside of the legal opinions of several other courts who have recently rejected lawsuits brought against the Patient Protection and Affordable Care Act.”
Jim Lindsay, also of the Virginia Organizing Health Care Reform Committee, took aim squarely at Cuccinelli in his role as the lawsuit’s plaintiff.
“This law ultimately provides desperately needed coverage to a million uninsured Virginians and critically needed consumer protections to all Virginians,” Lindsay said. “The Attorney General’s suit represents an egregious waste of scarce state resources and a threat to the rights of the very consumers he was elected to protect.”
Virginia Gov. Bob McDonnell (R) applauded the ruling.
“Judge Hudson has clearly, and correctly, found the Commerce Clause of the United States Constitution does not provide the Congress the power to mandate that an individual purchase a specific product or policy, and then exact a penalty for a failure to not make the purchase,” he said.
McDonnell also voiced concern that today’s ruling allowed the implementation phases of the federal health care law to proceed, and asked for expedited legal action to give states more clarity in directing their preparation for implementing other parts of the law.
“I urge the United States Department of Justice to join with Attorney General Cuccinelli in supporting fast tracking of this case directly to the Supreme Court. Both sides should seek to waive a hearing in the Fourth Circuit Court of Appeals, and allow this monumental case to move immediately to the U.S. Supreme Court for prompt final resolution. To encourage such a decision, I have asked all governors and governors-elect to join me in a letter to United States Attorney General Eric Holder asking for his agreement to an expedited review. There must be certainty and finality in order for our businesses and citizens to both know and adhere to the law,” McDonnell said.
U.S. Rep. Frank Wolf (R-10), who voted against the health care bill when it was being considered by Congress in early 2009, said, “This decision underscores many of the concerns I had with the health care reform legislation…[I] continue to support the lawsuit of Virginia Attorney General Ken Cuccinelli.”
Another Loudoun lawmaker, state Del. Thomas “Tag” Greason (R), said he was “pleased” and “encouraged” by today’s ruling.
“I think that the individual mandate is a very dangerous precedent to be set,” Greason said. “It’s not because I’m against health care for all citizens, but when the federal government has the power to tell you to buy an individual product we set a bad precedent.”
Greason added that there are some aspects of the health care legislation he does agree with, such as the requirement that insurance companies overlook preexisting conditions when issuing coverage to a patient.
—Staff Writer Crystal Owens contributed to this report.
@Susan:
And did you know the brilliant
“Virginia” believes the recent Federal school lunch bill was a Barak Obama and Mark Herring coup? Yeah, United States Republican Senators voted for it unanimously, but somehow it is Mark Herring’s doing. I know people have to drink their respective Kool Aids, but they don’t have to believe or promulgate lies. I gather that many people including Virginia feel they can lie in these threads since they have anonymity. Now you? Your comment I have no truck with in terms of the campaign information. Sounds perfectly legitimate to me.
However with regard to the deficit, no one ever talks about the trillion dollar costs of two wars that we are still fighting. I am willing to do my part and pay a tax to reduce the debts piled on by these wars so our kids are not stuck with paying our debt. Are you? Or would you rather continue to borrow from China and leave principle and interest to your grand children?
Merry Christmas to you and yours.
If I’m not mistaken, Mark Herring was on Obama’s Virginia campaign team. He was a key player in getting Obama elected in Virginia. That has brought us Obamacare and debt that is unbearable. I hope that people remember this when it is election time…
All,
“Virginia” likes to go from thread to thread and blame the nations woes on local politicians. It doesn’t matter what the thread is about, he just jumps in and spreads his invective. He spreads falsehoods and on occasion outright lies. He/She is not to be trusted. If you are weary of his/her kind of lowest common denominator politics and want to work towards true reform, go to:
www.nolabels.org
No Left. No Right. Forward.
Mark Herring has spent too much time in the steam bath with Rahm Emanuel and David Axelrod. Paying college tuition and providing other benefits to illegal immigrants is part of the Democrats overal social agenda, a major initiative of the Liberal Left.
Can anyone tell me if the Liberal Left wants to use tax dollars to provide college tuition to illegals because they are sensitive and caring or because they have a revolutionary view of what it means to be an American and what American taxpayer dollars are for?
All of you liberal fools must bow down before the greatness that is Dick Black. Rarely has heaven or earth seen such a man, so obsessed with gays and abortion. Mark Herring shivers at the thought of facing Dick Black in an election or any dark alley. Herring shall be smitten down!
I find myself wanting to vote for Dick Black just to spite this one imbecile cluttering the comments up.
Mr. Cuccinelli and Black worked closely to develop this opposition to the Obama health plan.
I say this is great, because Obama’s health plan has already cost many Loudoun businesses millions, or will shortly. This will lead to layoffs.
I also applaud what Black and Cuccinelli are doing, and I can understand why the radical liberal democrat types feel threatened by them. It’s because the radicals are losing power.
But what matters is what the voters and taxpayers think, and I believe the majority of Loudouners can be proud of these two Republicans.
Mark Herring is a tax and spend liberal. He has been in office for four years and has failed to articulate plan for job creation, economic development and transportation.
Yes, Dick Black indeed helped write this lawsuit put forth by his protege Ken Kuccineli. Only Dick Black could think up such brilliance from his big brain. With Dick and Ken protecting us from gays we will all be better off in the end. Who needs health insurance anyway, only liberals. Be very scared of Dick Black, very scared.
Obama, Kaine and Herring worked hard to get this through. Their universal health plan is costing Loudoun businesses millions in higher health costs and is costing many Loudouners their jobs.
Real change is coming.
Note to the LTM-
I’m getting tired of reading the spam teahadist comments.
Clean up your forum.
Note to Herring and Obama: Keep Your Health Plans off my Body
“Dick Lover” is a liberal weenie.
I ran into Cuccinelli and Black last month in Richmond. They’re pretty down to earth guys. I applaud they’re doing, and i can understand why the radical liberal democrat types feel threatened by them. It’s because the radicals are losing power.
This is a blow to Mark Herring who worked so closely with Obama on this socialized health care agenda and many other issues as well.
The Democrats have gone off the deep end.
Someone looks a little scared of Dick Black.
I heard Dick Black contributed a lot to the argumentation that went into, and the reasoning behind, the Cuccinelli filing.
If you believe in limited government, he’s your man.
Keep your health care off my body!
I agree. Keep you health care off my body.
Keep you health care off of my body.
Gosu - Well Spoken. The Government does not have the authority to make me do anything. They can regulate whatever it is I might do, but they can’t make me do something to achieve their Utopian world.
Today the Government believes having Health Insurance is good for you. Tomorrow, they might think having a cellphone is good for you and mandate that all Americans buy a cellphone. Once you set a precedent for Government determining what is best for everybody, the 1st crack is always a noble one. The ones thereafter are a free for all with every new administration.
Personally, its time we amended the Constitution to change the Commerce Clause. Because that clause has allowed the Federal Government to ease its claws into every aspect of life.
I think we all support having health coverage (no one can insure your health), but at the point where Big Brother starts telling me I *have* to buy something, even if its for my own good, they can go to hell.
Who really believes that the Federal Government has the power to force its citizens to purchase insurance? Not Thomas Jefferson that’s for sure.
God, I love Virginia. :)
Are we reading the same article here? What does Dick Black have to do with this? Some of you seem just a tad obsessed with the former delegate. Get a life. Apparantly, Dick Black is running for senate and by the sound of it, looks like he’ll be sent back to Richmond again. And some of you will secretly rejoice because you’ll have four more years to complain. Democrats - this is why people are tired of your mudslinging.
hahahahahahahahahahahahahaha
Great names/commentary
Sterling Voter,
While I didn’t like the bill either, at least get your facts straight.
Of course this happens in Virginia - another reason to move to a place where our politicians don’t have rocks for brains. Remember Republicans went nuts trying to stop Medicare once too.
Obama - you lie! You said the cost of insurance would go down. My insurance just jumped 28%. Unions who helped Obama draft the bill are now asking for exemptions for their union members. While they are granted an exemption - the rest of us, who spoke against it, are stuck with it. Everything the government touches either goes bankrupt or bust - why would government-run health care be any different?? Because the democrats pinky-promised?
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