Chief Bones
Forums Grumpy Old Man
Judge in Va. strikes down federal health care law
By LARRY O'DELL, Associated Press Larry O'dell, Associated Press
Round one goes to the forces that want to do away with the HealthCare Bill (mainly Republicans and the insurance industry).
On the other hand .....
By LARRY O'DELL, Associated Press Larry O'dell, Associated Press
---------------------------------------------------------------------------------------------------RICHMOND, Va. – A federal judge declared the foundation of President Barack Obama's health care law unconstitutional Monday, ruling that the government cannot require Americans to purchase insurance. The case is expected to end up at the Supreme Court.
U.S. District Judge Henry E. Hudson wrote that no court had expanded the Commerce Clause of the Constitution to allow the government to regulate a person's decision not to buy a product.
"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," Hudson wrote.
In his order, he said he will allow the law to remain in effect while appeals are heard, meaning there is unlikely to be any immediate impact on other provisions that have already taken effect. The insurance coverage mandate is not scheduled to begin until 2014.
"The outcome of this case has significant public policy implications," Hudson wrote. "And the final word will undoubtedly reside with a higher court."
Even so, Republicans in Congress celebrated the ruling as validation of the arguments they had made for months while the law was pending. Rep. Eric Cantor, R-Va., issued a statement urging the White House to agree to expedite a final ruling by appealing directly to the Supreme Court without first stopping at an appeals court.
For more: http://news.yahoo.com/s/ap/20101213/ap_on_bi_ge/us_health_care_overhaul_virginia
Round one goes to the forces that want to do away with the HealthCare Bill (mainly Republicans and the insurance industry).
On the other hand .....
While this one judge has ruled against the HealthCare Bill, resolution of this issue, will probably reside with SCOTUS.Hudson is the first federal judge to strike down a key part of the law, which had been upheld by fellow federal judges in Virginia and Michigan. Several other lawsuits have been dismissed and still others are pending, including one filed in Florida by 20 states.
White House health reform director Nancy-Ann DeParle said the administration is encouraged by the two other judges who have upheld the law. She said the Justice Department is reviewing Hudson's ruling.