Virginia Fed Ct Denies U.S. Motion To Dismiss Health Care Challenge

Virginia Federal District Court ^ | 8/2/10 | William A. Jacobson

[BCrago66]

A federal judge in Virginia has refused to dismiss a lawsuit brought by the State of Virginia challenging the Obamacare health care mandate as beyond the scope of the Commerce Clause and as a violation of the 10th Amendment. The judge allowed the suit to proceed on both grounds.

The opinion is a significant victory, but keep in mind this only is the start of the case. The Judge ruled that the case was not defective as a matter of law, and did not rule on the merits. A motion to dismiss, in this context, only tests whether the plaintiff has stated a legally cognizable claim and sufficient facts as to suggest that the plaintiff is entitled to move forward.

[BCrago66]

Here's the opinion of the Virginia federal court denying the motion to dismiss.

Here's some analysis of this opinion from Legal Insurrection, excepted above.

And here's a website dedicated to this Virginia case, and another multi-State federal case filed against ObamaCare. This latest opinion isn't on this site yet, but it will be.

[misharu]

All you Missourians, don't forget to vote YES on Prop C tomorrow!!!

[RobRoy]

From the middle post, this sums it up as I’ve seen it since the beginning: Taxing your mere existence.

And here is their explanation: http://legalinsurrection.blogspot.com/2009/08/taxing-your-mere-existence.html

[libertylover]

Hate to burst anyone’s bubble, but things are going according to plan for the Democrats.
-They added this provision to the bill to keep the CBO cost down...
-knowing full well the states will challenge this provision to make buying insurance madatory...
-the courts will eventually rule the feds can’t make you buy insurance...
-but that means the taxpayers will instead have to cover those who don’t have insurance...
-almost there...single payer, i.e., socialized medicine.

[BCrago66]

Here’s a better link to the decision; the prior link I gave had the decision embedded in extraneous material:

http://www.concurringopinions.com/wp-content/uploads/2010/08/virginia-opinion.pdf

[Agamemnon]

Hate to burst anyone’s bubble, but things are going according to plan for the Democrats.

Hate to burst your stupid bubble, but when this law is overturned, it's overturned -- all of it.

And when that's done, exactly which Congress is it that actually thinks it would have the wherewith-all to make taxpayers foot the bill of the uninsured?

The next Congress will have the power not only to defund, and overturn, but re-write the whole thing. I'll bet Boehner's already got a draft stuffed in his desk -- a two page repeal of ObamaCare and a whole healthcare re-write, the same way Henry Waxes-his-ass had his draft laying around for years.

The next Congress can even pass legislation making illegal exactly what it is that you propose.

You don't love liberty. You love misery and depression. Wallow in it yourself. Your whining is meant to demotivate and demoralize. Take it someplace else.

[libertylover]

Hate to burst your stupid bubble, but when this law is overturned, it's overturned -- all of it...The next Congress will have the power not only to defund, and overturn, but re-write the whole thing...The next Congress can even pass legislation making illegal exactly what it is that you propose.

I didn't propose anything, I made a prediction. Apparently you stupidly think that laws are only overturned in their entirety, but portions of laws are overturned all the time. The judge in AZ only blocked portions of that law, albiet the most important parts.

When the Supreme Court rules in a couple of years we'll see if they overturn all of it, none of it, or portions of it. At that time you'll get either an "I told you so" or an admission that I was wrong in this case.

[Agamemnon]

You have been unwitting co-opted by the opposition to freedom lovers everywhere with your dismal, stupid posting.

You post what only you perceive as your "cleverness" at the expense of the cause for freedom. I wouldn't be surprised to learn that you are just another deep cover dissembler.

Take out the clearly unconstitutional "must purchase insurance" aspect out of the law and the thing is effectively emasculated.

If you caught Cuccinelli's interview on Greta last night, on the first win obtained in this fight you may be preparing to make an admission before too much longer. That is, if you even have enough on the ball to even understand the issues when you aren't kissing your dismal wit in the mirror.

The judge in AZ only blocked portions of that law, albiet the most important parts.

And the US Supreme Court will uphold Arizona if for no other reason than the ruling that judge made is fatally internally conflicted.

Like I said, take your prophetic sophistry someplace else.

[libertylover]

Yes, the Supreme Court will eventually rule the AZ law constitutional. Great! Something we can agree on.

I'm deep-cover!? Ha, ha, ha. No, I'm in the “Know thy enemy” camp.

But you still seem to be too stupid for logic.

You're dismissed.

[Agamemnon]

I'm in the “Know thy enemy” camp.

Actually it's the enemy who knows the likes of you and plays you like a fiddle.

They mock your handwringing, and your swift, cowardly surrender even as your nominal side scores decisive victories. Cuccinelli scores a first and second win, Prop C passses overwhelmingly in MO last night, yet all you really are at your core is the Viet-nam era media equivalent in our midst.

The left exploits your weak, enfeabled emotions to infect other defeatists within the ranks, all with an intent to sow seeds of depression and fatalism throughout.

Your "predictions" merely cede a power to the enemy that they don't have themselves unless you choose to surrender it to them.

And you do it becuase your vain ego demands it. You try so hard to be the "see I told you so," that you actually work to effect your self-fulfillment through vain prophesies.

You'd sooner have your ego validated than to work against the enemy -- assuming of course that the enemy of successful conservastism IS your enemy at all.

You've chosen surrender merely to pump your ego at the expense of the initiative others who are actually out there fighting this stuff with an expectation of winning.

Your losers-ilk are worthless to the cause of freedom.

Get lost