The Other McCain

"One should either write ruthlessly what one believes to be the truth, or else shut up." — Arthur Koestler

Federal Judge Allows Virginia Lawsuit Against ObamaCare to Proceed

Posted on | August 2, 2010 | 12 Comments

Denies Justice Department motion to dismiss:

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.
U.S. District Judge Henry Hudson’s decision stemmed from Virginia Attorney General Ken Cuccinelli’s claims that Congress exceeded its authority under the Constitution’s Commerce Clause by requiring citizens to buy health insurance or pay a penalty.

Text of the judge’s ruling is here. Thanks to Doug Mataconis for the Twitter tip.

UPDATE: Brian Kirwin at Bearing Drift:

Liberals have for months claimed that Cuccinelli’s lawsuit would be dismissed because he’d have no standing in challenging a law that won’t go into effect until 2014, or that the vaunted Federal Supremacy would squash his defense of Virginia law.
And they were wrong, again.

UPDATE II: A couple weeks ago, Smitty got this video of Ken Cuccinelli speaking at a fundraiser for Patrick Murray, in which Virginia’s attorney general talked about Rep. Jim Moran’s dubious justification for the individual health-care mandate:

UPDATE III: Philip Klein notes that Health and Human Services Secretary Kathleen Sebelius is still lying about the accounting gimmicks by which Medicare “savings” are supposed to pay for this crap.

Category: Health Care, Virginia

Comments

12 Responses to “Federal Judge Allows Virginia Lawsuit Against ObamaCare to Proceed”

  1. Good News! Judge Allows Virginia Health Care Law Suit to Proceed – Updated :: The Lonely Conservative
    August 2nd, 2010 @ 12:55 pm

    […] 2: Via The Other McCain, here’s the text of the judge’s order. Share this post Hide Sites […]

  2. Kojocaro
    August 2nd, 2010 @ 5:30 pm

    And in other news paulian paleocon melissa cloutier is woried michelle bachmann and the tea party might transform into a partisan neocon attack squad …………..um of course bachmann doesn’t play that way but i won’t let that get in the way of cloutier’s psychotic ramblings

  3. Kojocaro
    August 2nd, 2010 @ 1:30 pm

    And in other news paulian paleocon melissa cloutier is woried michelle bachmann and the tea party might transform into a partisan neocon attack squad …………..um of course bachmann doesn’t play that way but i won’t let that get in the way of cloutier’s psychotic ramblings

  4. Red
    August 2nd, 2010 @ 6:31 pm

    It’s shameless linkage month for you at Corndog. Great video Smitty!

  5. Red
    August 2nd, 2010 @ 2:31 pm

    It’s shameless linkage month for you at Corndog. Great video Smitty!

  6. Jimmie
    August 2nd, 2010 @ 7:01 pm

    Kojocaro,

    1) It’s Clouthier. With an H. If you’re going to get your hate on, know who it is you’re hating.

    2) Melissa Clouther is a Paulian? Like a Ron Paulian? You must not spend time actually reading what she’s written about him.

    3) No she isn’t. You need practice on your English comprehension skills. I recommend you start with the Dick and Jane novels, but go slowly so you don’t hurt yourself.

  7. Jimmie
    August 2nd, 2010 @ 3:01 pm

    Kojocaro,

    1) It’s Clouthier. With an H. If you’re going to get your hate on, know who it is you’re hating.

    2) Melissa Clouther is a Paulian? Like a Ron Paulian? You must not spend time actually reading what she’s written about him.

    3) No she isn’t. You need practice on your English comprehension skills. I recommend you start with the Dick and Jane novels, but go slowly so you don’t hurt yourself.

  8. Have At You, Totalitarian Government!
    August 2nd, 2010 @ 3:29 pm

    […] how much it will really cost?There is more commentary building on the web and Stacy looks to have the early jump on a comprehensive roundup post, so check back there often. var a2a_config = a2a_config || {}; a2a_config.linkname="Have At You, […]

  9. smitty
    August 2nd, 2010 @ 7:42 pm

    @Red,
    Thanks!
    Also, do clue-bat me with your URLs for the FMJRA, as Blogger links don’t reliably work.

  10. smitty
    August 2nd, 2010 @ 3:42 pm

    @Red,
    Thanks!
    Also, do clue-bat me with your URLs for the FMJRA, as Blogger links don’t reliably work.

  11. Live Free Or Die
    August 2nd, 2010 @ 10:56 pm

    Department of Justice? couldn’t figure out a way to get this transferred to U.S. Court of Appeals 9th Circuit. Shucks, darn.

  12. Live Free Or Die
    August 2nd, 2010 @ 6:56 pm

    Department of Justice? couldn’t figure out a way to get this transferred to U.S. Court of Appeals 9th Circuit. Shucks, darn.