Monday, December 13, 2010
The vast majority of Americans are opposed to Obamacare which President Obama's administration decided to ram down our throats anyway. Much is wrong with it: increased premiums, loopholes that allow funding for abortion, government getting between patients and their doctors, "death panels" (i.e., rationing), no guarantee all will be allowed to keep their own doctors, not all preconditions being tended to, a blow to the private sector, and the list goes on. Actually, we could have started and stopped with this one point repeatedly made: it's unconstitutional. This is America, and in America no one can be required to make purchases. Today, a federal judge in Virginia agreed.
Tom Schoenberg and Margaret Cronin Fisk report:
The Obama administration’s requirement that most citizens maintain minimum health coverage as part of a broad overhaul of the industry is unconstitutional, a federal judge ruled, striking down the linchpin of the plan.
U.S. District Judge Henry Hudson in Richmond, Virginia, today said that the requirement in President Barack Obama’s health-care legislation goes beyond Congress’s powers to regulate interstate commerce. While severing the coverage mandate, which is set to become effective in 2014, Hudson didn’t address other provisions such as expanding Medicaid.
“At its core, this dispute is not simply about regulating the business of insurance -- or crafting a scheme of universal health insurance coverage -- it’s about an individual’s right to choose to participate,” wrote Hudson, who was appointed by President George W. Bush in 2002.
The ruling is the government’s first loss in a series of challenges to the law mounted in federal courts in Virginia, Michigan and Florida, where 20 states have joined an effort to have the statute thrown out. Constitutional scholars said unless Congress changes the law, its fate on appeal will probably be determined by the U.S. Supreme Court.
Virginia Attorney General Ken Cuccinelli, who brought the suit, said in a statement he was “gratified we prevailed.”
“This won’t be the final round, as this will ultimately be decided by the Supreme Court, but today is a critical milestone in the protection of the Constitution,” he said.
Republican Senator Orrin Hatch of Utah called the decision “a great day for liberty. Congress must obey the Constitution rather than make it up as we go along,” he said in a statement.
Read the full article here.
In an email I received today from Richard A. Viguerie of ConservativeHQ.com, he shared this personal statement:
Congratulations to Virginia Attorney General Ken Cuccinelli for his hugely important first-round victory over Obamacare today in federal district court.
Mr. Cuccinelli has been a true leader in the cause of freedom and constitutionally limited government. His win is also a victory for the entire Tea Party movement and constitutional conservatives everywhere.
Now more than ever, Tea Partiers and constitutional conservatives must rally behind and support Ken Cuccinelli as he takes his case--and the Gadsden flag ("Don't tread on me") that decorates his office--through the appeals process.
It's time for all freedom-loving Americans to let Ken know that we're behind him every step through final resolution--and victory--in his case at the U.S. Supreme Court.
This is a victory for all Americans on both sides of the aisle. Let the fight continue, and let freedom ring.