U.S. District Judge Henry Hudson has refused to grant a dismissal requested by the Obama administration in a lawsuit challenging the constitutionality of ObamaCare. The administration had argued that Virginia has no standing to sue, but the judge didn’t buy that BS:
Virginia’s lawsuit challenging the Obama administration’s health care reform law cleared its first legal hurdle Monday as a federal judge ruled the law raises a host of complex constitutional issues.
Indeed it does. The suit, filed by Virginia Attorney General Ken Cuccinelli, correctly asserts that Congress exceeded its authority under the Constitution’s commerce clause by requiring citizens (via the bill’s individual mandate) to buy health insurance or pay a penalty.
The Obama DOJ has been trying to pull a bait-and-switch, claiming that the individual mandate is actually a tax, but that argument didn’t cut it. Not only did the President deny that last year, congressional Democrats claimed (in the bill itself) that ObamaCare was justified by the commerce clause.
This lawsuit is particularly important because it’s on the rocket docket, a jurisdiction whose cases often go before the U.S. Supreme Court very quickly. And, because the “reform” law contains no severability clause, the judge’s refusal to dismiss the case puts ObamaCare in real jeopardy.
In other words, if Virginia succeeds in getting the mandate declared unconstitutional, the whole ObamaCare house of cards collapses. Meanwhile, the revolt against ObamaCare is picking up steam across the country, with lawsuits filed by numerous state AGs and a referendum in Colorado.
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