The day after the passage of ObamaCare in congress, the Commonwealth of Virginia lead by Attorney General Ken Cuccinelli filed a lawsuit in federal court challenging the constitutionality of the new health care overhaul. The legal argument put forth by Cuccinelli was against the individual mandate in ObamaCare which forced every citizen to purchase government-approved insurance under the Commerce Clause.
Well, at least we’re going to see this argued in a court room:
WASHINGTON (Reuters) – A 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.
Thankfully this is moving forward since, under the wrong judge, it may well have been dismissed on partisan grounds. This is the way the system is supposed to work. If the states cannot challenge federal authority in the legal system, then we have no check and balance.
Of course, this is only 1 of dozens of lawsuits from a variety of states challenging the constitutionality of ObamaCare. I’d like to see many more of them make their way to a trial to attack this beast from many angles.
Keep in mind the most important angle of attack is the voting booth which starts in 2010 by electing candidates who support immediate repeal of ObamaCare before the harm is fatally done.