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Virginia judge strikes down healthcare reform law challenge

November 30, 2010

  A federal judge in Virginia has ruled that the mandates in the healthcare reform law fall under the commerce clause in the constitution and are therefore legal.

U.S. District Judge Norman Moon ruled that the law requiring individuals to buy health insurance coverage as well as requiring employers to buy coverage for their employees was legal under the Commerce Clause of the U.S. Constitution.

  This ruling is a setback to all of us who feel the government has no right to tell the American people that they have to purchase a product which they either do not want or cannot afford, but it is just that, a setback. The fight is far from over, in fact it is just beginning. The lawsuit in question here was brought forward by the Christian Liberty University, and while this one attempt failed, there are still many more challenges to be heard. There are a total of roughly twenty states that have filed challenges to the healthcare mandate–Virginia included–and I find it extremely hard to believe that there will not be at least one justice that will allow this affront to our constitutional liberties to move forward.

15 Comments leave one →
  1. Matt's avatar
    December 1, 2010 12:50 am

    I hope we can win somewhere on that. In the end, this is the result of liberal judges that do not recognize that the Constitution says what it actually says.

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    • Steve Dennis's avatar
      December 1, 2010 6:51 am

      There has to be a conservative judge out there in one of these lawsuits that will allow a challenge to move forward. At least I hope so!

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    • Conservatives on Fire's avatar
      December 1, 2010 11:32 am

      The Fabian Socialist have infitrated ot the hilt our justice system, our education system, the EPA, Homeland Security, and every other institution and angecy in America. They are like a cancer. Major surgery is called for.

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      • Steve Dennis's avatar
        December 1, 2010 9:39 pm

        The surgery started on November 2nd, but it is going to be a long procedure. We have a long way to go yet!

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  2. rjjrdq's avatar
    December 1, 2010 3:08 am

    Moon found that without the coverage requirements in the law, the cost of health insurance would increase because the number of insured individuals would decline, “precisely the harms that Congress sought to address with the Act’s regulatory measures.”

    Further, interstate commerce would be hurt by large employers failing to offer adequate healthcare coverage, thus “the employer coverage provision is a lawful exercise of Congress’ Commerce Clause power,” said Moon, who was appointed by then-Democratic President Bill Clinton.

    The costs are increasing and big employers are exempt. What is this judge talking about? This is a real judge???

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  3. Bunkerville's avatar
    December 1, 2010 8:55 am

    First salvo in what is to be a long fight. We will soldier on.

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    • Steve Dennis's avatar
      December 1, 2010 9:40 pm

      Yes we will, for we must. This is only the beginning, I am positive that we will find a judge that will allow a challenge to move forward.

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  4. Harrison's avatar
    December 1, 2010 12:33 pm

    I wonder what will be the result if, say,10 states say forcing people to buy health insurance is illegal but 5 states say it is legal. I guess years of political wrangling then a stop at the Supreme Court.

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    • Steve Dennis's avatar
      December 1, 2010 9:41 pm

      I have to believe that this fight will go all the way to the Supreme Court at some point.

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  5. Wayne's avatar
    Wayne permalink
    December 13, 2010 1:52 pm

    The challenges to the medical Bill as being unconstitutional are crazy at the least. I don’t want to buy atomic bombs, can I object? I want to opt out of medicare, can I please? The nut balls may as well give up on the illegal argument. Better to spend efforts and resources modifying the bill to make it better, more fair and affordable care for all. No USA citizen or legal alien should live in fear of bankruptcy due to illness or injury.

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    • Steve Dennis's avatar
      December 13, 2010 3:12 pm

      Can you show me where in the constitution the authority is granted to the federal government to force a person to buy healthcare? I can show you where the federal government is granted the authority to raise money for defense.

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  6. Clea's avatar
    Clea permalink
    December 13, 2010 3:13 pm

    I’m sorry, but aren’t we forced to purchase automobile insurance if we drive a car? I know you think you aren’t already paying into health care, but you are everyday… you are paying for all the people who currently cannot afford it. If it was subsidized (as this bill calls for), then many of those people will be able to afford it. I know many of you have great ideals… but again: you are currently paying for those who can’t afford it as we speak & that is not going to change unless the changes in this bill take effect.

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    • Steve Dennis's avatar
      December 13, 2010 4:22 pm

      Not here in New Hampshire, perhaps that is part of the reason we are comsistently ranked as one of the freest states in the country.
      Car insurance is mandated at the state level, that is why it is constitutional. Healthcare should also be done at the state level, that is why Ma. Healthcare system–while disasterous–is constitutional.

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