“How is the 4th Circuit upholding the Virginia law outlawing enforcement of the individual mandate? I do not understand your reasoning. The fact is that the Virginia law is already unenforceable because it is trumped by Obama Care. The Constitution in the Supremacy Clause makes it clear that when a federal and state law directly conflict that the federal law trumps the state law and takes precedence.”
Well obviously you haven’t read the so called “supremacy clause” nor are you paying attention to the fact that they dismissed the case on the basis of grounds to sue.
That means in the opinion of the Federal Employees in black robes(An unending source of conflict of interest if ever there was one.) Virgina doesn’t have reason to sue.
Meaning its law must still be standing unchallenged. Otherwise Virgina would have reason to complain about a federal intrusting attempting to abolish their law.
I say again Ken send them letters of waring to the Federal IRS agents. Tell them if they attempt to assaults the rights of Virginians to healthcare self-determination they will be arrested and jailed!
“Also, Virginia cannot legally send the IRS a letter threatening them of jail time if they tried to enforce ObamaCare. The real world reality is that if any Virginia law enforcement agent tried to interfere with IRS agents discharging their federal duties the the VA law enforcement agents would end up being arrested by the feds and face federal prison time.”
Even the Federal Employees in black robes just declared that the Virgina law is still standing. Otherwise Virgina must have grounds to sue. The Federal Government own hand picked employees in blackrobes did not invalidate the Virgina law protecting the rights Virginia.
Any attempt by Federal IRS agents to enforce Obamacare’s individual mandate is an illegal usurpation of the rights of Virginians, and should be prosecuted to the full extent of the law.
If the Federal Government attempts to illegal interfere then those federal Agents must be arrested using whatever force necessary. I trust the State of Virgina has enough jail space to house them treasonous Federal agents.
The point that people are missing is that a law enacted by Congress does not have to pass scrutiny or be rubber stamped by the individual states as far as its Constitutionality in order for the federal statute to take effect. One of the justices basically made it clear that states cannot just make up laws to try to counter federal laws they do not like and then try to sue in federal court to basically validate their state law. Thus Virginia does not have standing to sue. The appeals panel made it clear that Virginia suffers no damage from the federal law so they have no standing. The appeals panel did not uphold the Virginia law but basically implied that the state itself has no standing to get involved with this issue.
The bottom line from a legal perspective is that the Virginia law is only symbolic in nature and is trumped by federal law. I don’t understand this notion that the appeals court left the state law still standing because they did not.
Sir, with all due respect Virginia cannot prosecute federal agents faithfully discharging their federal duties. In fact it is a federal crime to impede, interfere with or intimidate federal officials performing their official duties. (US title Code 11815) The federal government is a separate sovereign and it is and would be a criminal act if an agent of the state interfered with their lawful duties. In the real world it would be Virginia officials going to prison and not the feds.