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Ruling Due Today on Virginia’s ObamaCare Lawsuit

According to Virginia Attorney General Cuccinelli’s office, Federal District Court Judge Henry Hudson will issue his ruling sometime around midday TODAY, Monday, December 13 on Virginia‚Äôs lawsuit challenging the constitutionality of the federal health care act.

Based on the questions asked by a well prepared Judge Hudson, many speculate that the ruling will be favorable towards Virginia’s Attorney General.

At the heart of the case is the question of the constitutionality of the provision in ObamaCare that requires individuals to buy health insurance or face a fine from the government.

During discussions in Congress concerning the fact that Candidate Obama promised not to raise taxes on anyone making less than $250K, this provision would, in fact, do just that. It would force people who decline to buy health insurance to pay a tax to the Federal Government. There were denials that this was a tax by the Democrats, it was simply a fine.

Unfortunately, to make this provision appear to be constitutional, the Federal Government was forced to argue to Judge Hudson that this is a tax. Congress has the power to tax under the Constitution and would only have authority if this were a tax. So, despite assurances that the intent of congress was not to pass a tax increase during discussion of the ObamaCare bill, they now argue that the fine is a tax.

AG Cuccinelli also questioned the authority of the Federal Government to force Americans to purchase insurance. While regulating interstate commerce is a constitutional activity of the Federal Government, they are trying to regulate the absence of commerce by forcing people to buy insurance.

And if the federal government is allowed to do this, what limits will then exist on the power of the Federal Government? Can we all be forced to purchase GM cars? Guns? Where does it end?

The ruling today, while much anticipated by all sides, is only the next step towards the final resolution, which will ultimately be with the United States Supreme Court. Of course, the next Congress will likely play an important role in de-funding this budget busting monstrosity.

About Tom White

Tom is a US Navy Veteran, owns an Insurance Agency and is currently an IT Manager for a Virginia Distributor. He has been published in American Thinker, currently writes for the Richmond Examiner as well as Virginia Right! Blog. Tom lives in Hanover County, Va and is involved in politics at every level and is a Recovering Republican who has finally had enough of the War on Conservatives in progress with the Leadership of the GOP on a National Level.

2 Responses to “Ruling Due Today on Virginia’s ObamaCare Lawsuit”

  1. Waiting with great anticipation!

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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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