Judge could rule on VA's challenge to ObamaCare by year's end

Clarice Feldman
The office of the Attorney General of Virginia is reporting that after arguments today in Richmond, it is possible that the state's challenge to the Constitutionality of Obamacare, will be decided before the end of the year:
Richmond (October 18, 2010) - A federal judge indicated he could rule on the constitutionality of the federal health care law by the end of the year, after hearing arguments today in Virginia's suit challenging the law and its individual insurance mandate. Virginia's is the first state case to be heard on the merits of its arguments. Virginia Attorney General Ken Cuccinelli is asking for an injunction against the entire health care act if Judge Henry Hudson finds that the individual mandate is unconstitutional.

The Virginia case rests on a simple premise: That the federal government's attempt to stretch the Constitution's Commerce Clause to allow it to force individuals to buy a private product - private health insurance - is unconstitutional.

"The individual insurance mandate represents an unprecedented and unconstitutional exercise of federal power because it penalizes Americans for not engaging in commerce. In other words, you can get fined for doing nothing," Cuccinelli said following the hearing.

"This case is not about health care. This case is about protecting our liberty. This case is about the states providing a check and balance to the federal government, which is exceeding the power we, the people, gave it through the Constitution," Cuccinelli continued. "If we lose this fight and the federal government is allowed to cross this line, Congress will be granted a virtually unlimited power to order you to buy anything.

"That is not rhetoric. That is reality," he said.

Copies of the pleadings in the matter are available here:


Clarice Feldman


The office of the Attorney General of Virginia is reporting that after arguments today in Richmond, it is possible that the state's challenge to the Constitutionality of Obamacare, will be decided before the end of the year:
Richmond (October 18, 2010) - A federal judge indicated he could rule on the constitutionality of the federal health care law by the end of the year, after hearing arguments today in Virginia's suit challenging the law and its individual insurance mandate. Virginia's is the first state case to be heard on the merits of its arguments. Virginia Attorney General Ken Cuccinelli is asking for an injunction against the entire health care act if Judge Henry Hudson finds that the individual mandate is unconstitutional.

The Virginia case rests on a simple premise: That the federal government's attempt to stretch the Constitution's Commerce Clause to allow it to force individuals to buy a private product - private health insurance - is unconstitutional.

"The individual insurance mandate represents an unprecedented and unconstitutional exercise of federal power because it penalizes Americans for not engaging in commerce. In other words, you can get fined for doing nothing," Cuccinelli said following the hearing.

"This case is not about health care. This case is about protecting our liberty. This case is about the states providing a check and balance to the federal government, which is exceeding the power we, the people, gave it through the Constitution," Cuccinelli continued. "If we lose this fight and the federal government is allowed to cross this line, Congress will be granted a virtually unlimited power to order you to buy anything.

"That is not rhetoric. That is reality," he said.

Copies of the pleadings in the matter are available here:


Clarice Feldman