The state of Virginia can continue its lawsuit to stop the nation's new health care law from taking effect, a federal judge ruled Monday.

U.S. District Court Judge Henry Hudson said he is allowing the suit against the U.S. government to proceed, saying no court has ever ruled on whether it's constitutional to require Americans to purchase a product.

"While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate -- and tax -- a citizen's decision not to participate in interstate commerce," Hudson wrote in a 32-page decision.

"Given the presence of some authority arguably supporting the theory underlying each side's position, this court cannot conclude at this stage that the complaint fails to state a cause of action," he wrote.

The decision is a small step, but in no way minor matter to opponents of the health care bill rejected by all congressional Republicans but signed into law by President Obama earlier this year.


Virginia Attorney General Ken Cuccinelli filed the suit almost immediately after the law was signed, arguing that it conflicts with Virginia's legislation -- also passed this year -- exempting state residents from the requirement that all Americans be forced into health care coverage. Cuccinelli argued that the law violates the Constitution's Commerce Clause.

The Commerce Clause allows the U.S. government to regulate economic activity. But Virginia argued that it's not economic activity when someone chooses to refrain from participating in commerce.

The U.S. government, which was defending itself through the Health and Human Services Department run by Secretary Kathleen Sebelius argued that everyone at some point will need medical services at some point in their life and therefore is either a "current or future participation in the health care market," and therefore subject to taxation.

More than a dozen state attorneys general have filed a lawsuit in Florida challenging the federal law, but Virginia's is the first to reach a courtroom.

http://www.foxnews.com/politics/2010/08/02/judge-permits-virginia-health-care-law-challenge-continue/

Wow, this Judge has an impressive resume.

He received a B.A. from American University in 1969. He received a J.D. from American University Washington College of Law in 1974.

He was an Assistant commonwealth attorney of Commonwealth Attorney's Office, Arlington County, Virginia from 1974 to 1979.

He was an Assistant United States Attorney, U.S. Attorney's Office, Eastern District of Virginia from 1978 to 1979.

He was in private practice in 1979, 1991-1992 from 1994 to 1998.

He was Commonwealth Attorney for Arlington County, Virginia from 1980 to 1986.

He was a U.S. attorney for the Eastern District of Virginia from 1986 to 1991.

He was Director, U.S. Marshal Service, U.S. Department of Justice from 1992 to 1993.

He was a Circuit court judge, Nineteenth Judicial Circuit Court, Virginia from 1998 to 2002.

Hudson was then appointed a federal judge on the United States District Court for the Eastern District of Virginia.

This guy definately knows the law and even he realizes that the health care bill is illegal.

glad someone is... maybe more will follow

many people who definitely know the law agree that it is constitutional as well

its a matter of interpretation, as usual,


three issues certain to come up

1. Commerce Clause
2. If there is no mandatory coverage, should we compensate in our budget by no longer MANDATING care in emergencies unless patients pay first?
3. taxes,,,,expressly forbidden or expressly assigned in the constitution