washingtonexaminer.com
The federal government cannot force people to purchase health insurance a federal judge in
Virginia ruled Monday striking down a key provision of President Obamas health care reforms. U.S. District Judge Henry E. Hudson ruled that the laws so-called individual mandate requiring most Americans to purchase health insurance is beyond the scope of Congresss constitutional powers.
Despite the laudable intentions of Congress in enacting a comprehensive and transformative health care regime the legislative process must still operate within constitutional bounds Hudson wrote in the 42-page opinion.
Virginia Attorney General Ken Cuccinelli who filed the lawsuit immediately after President Obama signed the law in March applauded Hudsons decision the first court ruling against the presidents reforms.
This case is not about health insurance. It is not about health care. Its about liberty Cuccinelli said. Weve won the first round of this particular fight but we know there are others to come.
Virginia Gov. Bob McDonnell applauded the ruling and said hes asking other governors to sign a petition to U.S. Attorney General Eric Holder asking him to bypass the traditional appeals process and send the case directly to the Supreme Court.
Expediting a lawsuit in that way however is rare and Cuccinellis case instead could end up in the Fourth Circuit Court of Appeals in Virginia. Cuccinelli said it could take a year for the case to reach the Supreme Court.
The Justice Department meanwhile said it was confident the federal government would prevail in the case.
There is clear and well-established legal precedent that Congress acted within its constitutional authority in passing this law and we are confident that we will ultimately prevail said Tracy Schmaler a Justice Department spokeswoman.
Two other federal judges -- one in Michigan and another in Virginia that decided a separate case involving Liberty University in Lynchburg -- have already declared the health care law constitutional. A Florida judge will hear arguments on yet another health care lawsuit this one brought by 20 states on Thursday.
In Mondays decision Hudson stopped short of striking down the law as Cuccinelli requested noting that the provision requiring people to buy insurance called the minimum coverage provision doesnt take effect until 2014.
At its core this dispute is not simply about regulating the business of insurance -- or crafting a scheme of universal health insurance coverage -- its about an individuals right to choose to participate Hudson wrote.
Cuccinelli said he does dispute the need for affordable health care but that allowing the government to require people to buy goods or services would set a troubling precedent.
As someone who has sworn an oath to uphold the law I cant endorse taking away the rights of some people to fund the health insurance for other people he said.
