US judge lets Virginia healthcare challenge proceed

[kpete]

Source: Reuters

US judge lets Virginia healthcare challenge proceed


WASHINGTON | Mon Aug 2, 2010 10:43am EDT

WASHINGTON Aug 2 (Reuters) - A U.S. judge on Monday refused to dismiss the state of Virginia's challenge to President Barack Obama's landmark healthcare law, a setback that will force his administration to mount a lengthy legal defense of the overhaul effort.

U.S. District Judge Henry Hudson refused to dismiss the state's lawsuit which argues the law's requirement that its residents have health insurance was unconstitutional, allowing the challenge to go forward.

The new law is a major cornerstone of President Barack Obama's domestic agenda and administration officials have vigorously defended it as constitutional and necessary to stem huge increases in costs for health care.

Virginia's lawsuit is one of several trying to undo the law which Obama signed earlier this year aimed at overhauling the $2.5 trillion healthcare system. (Reporting by Jeremy Pelofsky, Editing by Sandra Maler)

Read more: http://www.reuters.com/article/idUSWAT01459620100802

[babylonsister]

1. Memo to media: Health care judge has long GOP roots

Memo to media: Health care judge has long GOP roots

August 02, 2010 2:46 pm ET by Adam Shah


Virginia federal judge Henry Hudson has denied the federal government's request to dismiss the state of Virginia's lawsuit arguing that the health care reform law is unconstitutional. As bloggers who support and oppose the health care reform bill have noted, this does not mean that the judge will find the law unconstitutional in the end.

In covering Hudson's decision, it is important for media to note that legal experts from across the political spectrum have said that the health care law does not violate the Constitution.

Furthermore, media should note Hudson's longstanding ties to the Republican Party. As former Sen. George Allen stated when endorsing Hudson in front of the Senate Judiciary Committee, in 1979, Hudson ran as a Republican and won the race for Arlington County Commonwealth's Attorney. He was subsequently appointed U.S. Attorney for the Eastern District of Virginia by President Ronald Reagan; director of the U.S. Marshals Service by President George H.W. Bush; and to positions on three Virginia criminal justice boards by Allen -- when Allen was Virginia governor.

In addition, as reported by the Richmond Times Dispatch (via Nexis) former Republican Governor of Virginia Jim Gilmore appointed Hudson as a state court judge in 1998. Finally, President George W. Bush appointed Hudson to his current position as a federal judge in 2002.

more...

http://mediamatters.org/blog/201008020044

[Kweli4Real]

2. Well, So Much For Republicans ...

lamenting "activist" judges.

[DCBob]

3. Does not matter. This will go nowhere.

just make make lawyers richer.

[Jester Messiah]

4. Can't tell you how proud I am to be a Virginian right now...

without using the concept of negative values, that is. God damn how I hate these douchetards.

[GOPNotForMe]

5. Bad call. Should have been kicked for not being ripe or for lack of standing.

Many reasons to kick a case like this. Whatever. Bush appointee - I'm SHOCKED. Score one for Coochinelli or whatever that asshole in Virginia's name is.

[Raggz]

6. Judge greenlights health reform suit

Source: Politico

In the first substantive legal ruling on President Barack Obama’s health care reform law, a federal judge has rejected the Justice Department’s request to dismiss a lawsuit from Virginia’s state government challenging the reform’s requirement that individuals purchase health insurance.


U.S. District Court Judge Henry. Hudson ruled that enough legal issues were in dispute in the case to allow the suit, brought by Virginia Attorney General Ken Cuccinelli, to go forward. At issue is whether the insurance mandate included in the reform exceeds the federal government’s authority under the Constitution — in particular, whether Congress’s ability to regulate commerce allows the federal government to penalize those who decline to buy or obtain health insurance.


The lawsuit is also based in part on a law passed in that state in March seeking to bar the federal government from imposing any mandate to purchase health insurance.


“Unquestionably, this regulation radically changes the landscape of health insurance coverage in America,” Hudson wrote in a 32-page decision filed Monday morning. “Never before has the Commerce Clause … been extended this far.”


Read more: http://www.politico.com/news/stories/0810/40550.html

---

This will test the commerce clause and perhaps break it...

[Gman]

7. If the commerce clause goes

the dominoes will fall starting with civil rights.