Posted on 08/02/2010 10:39:10 AM PDT by Starman417
A judge on Monday refused to dismiss the state of Virginia's challenge to President Barack Obama's landmark healthcare law, a setback that will force his administration to mount a lengthy legal defense of the overhaul effort.U.S. District Judge Henry Hudson refused to dismiss the state's lawsuit which argues the law's requirement that its residents have health insurance was unconstitutional, allowing the challenge to go forward.
More:
The ruling represents a setback that will force the Obama administration to mount a lengthy legal defense of the law. The suit, filed by Virginia Attorney General Ken Cuccinelli (pictured), alleges that the law’s requirement that its residents have health insurance violates the Commerce Clause of the Constitution.Virginia’s lawsuit is one of several trying to undo the health-care law. Another large one was filed in a Florida federal court by a handful of state attorneys general.
In his opinion, Judge Hudson ruled:
The guiding precedent [on the Commerce Clause] is informative but inconclusive. Never before has the Commerce Clause and Necessary and Proper Clause been extended this far. At this juncture, the court is not persuaded that the Secretary has demonstrated a failure to state a cause of action with respect to the Commerce Clause element.In other words, off to discovery we head.
So this will now move to trial and Obama & pals will have to defend this clusterf#%*, afterwards its sure to hit the Supreme Court. Virginia isn't the only state with a challenge to this idiocy so look for more rulings such as this one.
Read more at floppingaces.net...
Look out Obambi!.....
Discovery can be bee-yotch!
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