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Virginia Lawsuit Against Health Care Reform Moves Ahead

1 year ago
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A federal judge in Virginia said Monday he will allow the state to proceed with its legal challenge to President Obama's health care reform initiative, which passed in March after a long and contentious process.

The Department of Health and Human Services had asked the court to dismiss Virginia's lawsuit, but Judge Henry Hudson denied the motion. His decision means the White House will be forced to mount a lengthy legal defense of the health care overhaul, Reuters reported.

State Attorney General Ken Cuccinelli argued that the law's requirement that Virginians have health insurance violates the "commerce clause" of the Constitution. The judge found that Cuccinelli's argument was strong enough to allow the case to proceed to the process of discovery.

Cucinelli argues on his website that "buying health insurance can be said to be an act in commerce. However, if someone doesn't buy insurance, they are by definition not engaging in commerce. This legislation greatly oversteps the Commerce Clause."

The Virginia suit is one of at least a dozen trying to overturn the law intended to overhaul the nation's $2.5 trillion health care system.

HHS Secretary Kathleen Sebelius minimized the importance of the judge's decision, calling it just a "procedural step," according to the Associated Press.

The ruling "just means there will be a full hearing on the arguments. We remain confident that the case is solid and there is full constitutional backing for the passing of the Affordable Care Act," she said.

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16 Comments

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copperkettle3

I must agree with racmd.

We can change our system to individual payment where you are allowed into the hospital based on your ability to pay and your self worth. So if your insurance is not enough, or you don't have insurance, then you must show your ability to pay. If you exceed the amount that you can pay, then you are discharged out of the hospital. In the ICU on a ventilator? Too bad. Turn it off if you can't pay. Cardiac surgery? Come up with the $50,000 or however much you owe.

August 02 2010 at 9:13 PM Report abuse rate up rate down Reply
burnpdc2

While this is one decision out of many to come in this case, it is important to point out that the Federal Judge in Virginia believes there is merit to the case, and the case will proceed to the discovery phase. There were many attorneys and judges that doubted the case would make it this far.

August 02 2010 at 6:15 PM Report abuse +1 rate up rate down Reply
ajschrod

Why would anyone want to rescind the health-care law? The entire Democratic membership of the house AND senate had the guts to push it through, and probably lost their jobs in the process! Let it become law--and make modifications as we go along and problems show up.

August 02 2010 at 6:02 PM Report abuse -14 rate up rate down Reply
1 reply to ajschrod's comment
johnspek

the problems have already shown up
Mass has the same law, and rates went up 40%
the federal program for pre-existing issues is way behind schedule
the federal health plan for a 50 yo male with pre-existing issues is between 500 and 700 per month

August 03 2010 at 2:00 PM Report abuse +1 rate up rate down Reply
Yosh

Good for Virginia to stand up againd Obamacare.

August 02 2010 at 5:44 PM Report abuse +20 rate up rate down Reply
jbelcer

Ok I see it like this, a lot of people complaining about the new health care laws are also on medicare and SS so give me my money back, I have paid into these programs and let the ones who haven't such as wives, children, disabled who has not paid a dime find a way to make it on their own. I'm a true conservative.

August 02 2010 at 5:42 PM Report abuse -5 rate up rate down Reply
1 reply to jbelcer's comment
moonliteonh20

Many people have "paid" into however, healthcare inflation is outpacing the people ability to keep those currently drawing off of the system afloat.. I say do away with all it, SS, Medicare, and ObamaCare and make everyone pay market rates! For kicks, I decided I would use my RED states health insurance broker website and determined that the cost for a PPO policy for a 64.5 y/o would cost $1150 per month. Of course there were cheaper plans in $300-600 per month range, but the all had 30% copays and high out of pocket deductables ~$10-15K.

August 08 2010 at 8:17 PM Report abuse rate up rate down Reply
stheel4

The State polls have 48 States with a majority in favor of repealing Government run health care and almost as many saying the majority want there own State laws on immigration.

August 02 2010 at 5:39 PM Report abuse +27 rate up rate down Reply
geddy37

Opposition from the states to this foolishness is all well and good, but the real opposition should come from individuals. I'd like to declare, here and now, that I have NO INTENTION of abiding by this authoritarian crap. I will get my health care as I please, and I do not limit my actions in doing so.

August 02 2010 at 5:04 PM Report abuse +1 rate up rate down Reply
clrncclarmass

Those Republicans would say anything to push their agenda. Tort Reform? A Joke! If the public was fully aware as to how difficult it is to hire a laywer to sue a hospital they would see how tort reform is a joke. If a lawyer takes a law suite against a hospital you can bet your bippy that that hospital was so severly neglant and grossly in violation they deserve to be sued. An open and shut case is the only way a lawyer will sue a hospital. Tort, give me a break. No lawyer will ever take shakey case against a hosptial. They have to invest thousand to sue a hospital and no tort case will ever get represented. Their a millions of case where the hospital was grossly neglant that never get accepted by a lawyer. We need health care reform. So stop the silly nonsense preached by the republicans.

August 02 2010 at 5:00 PM Report abuse -3 rate up rate down Reply
braun1994

This is the worst bill to come out of Washington.

August 02 2010 at 4:47 PM Report abuse +36 rate up rate down Reply
jennifer

if the rest of the states follow the lead of this one, maybe somebody in DC will get the idea that HARD WORKING AMERICAN CITIZENS do not want the government sticking their noses in our affairs. Period. Only the welfare mentality types was more government handouts. For them... there is welfare, medicaid... etc etc.

August 02 2010 at 4:46 PM Report abuse +31 rate up rate down Reply
1 reply to jennifer's comment
jancf

'Welfare mentality types'? This sounds like bad 1950's recycled garbage.

A sizable number of Americans DO want this. It's one of the reasons Obama was elected. We all knew about it, yet he was elected anyway.

Perhaps the law should have been written enabling people to opt out and just deal with their insurance companies,paying astronomical sums out of pocket when the insurance companies drop them. They are, after all, not welfare types so they ought to be able to do it. Same with Medicare.

The rest of us compassionate, sensible types can live a civilized life - paid for in large part by taxes. Which is fine. Even the FF's thought so.

August 02 2010 at 10:04 PM Report abuse -1 rate up rate down Reply

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