jjlaughner
Sharpshooter
Campaign For Liberty — Feds claim Virginia has no grounds to block health care reform law
Attorneys for the Obama Administration are asking a federal judge to dismiss a suit filed by the Commonwealth of Virginia. The Obama administration asserts that Congress is well within its right to require individuals to secure private health insurance under new federal law.
Health and Human Services Secretary Kathleen Sebelius argued in a motion filed hours before a midnight deadline that the law is well within the scope of the Constitution's Commerce Clause.
Virginia Attorney General Ken Cuccinelli filed suit in the U.S. District Court in Richmond in less that eight hours after the health care reform bill was signed by Obama.
The lawsuit filed in defense of the Virginia Healthcare Freedom Act argues that requiring people to buy health coverage or pay a fee exceeds federal powers limited by the Constitution's 10th Amendment and contradicts the new state law.
Health and Human Services Secretary Kathleen Sebelius argues that Virginia lacks standing to sue.
Her motion to dismiss the lawsuit states, "Even if Virginia could surmount this jurisdictional barrier, its claim still would fail because Congress, in adopting the minimum coverage provision, acted well within its authority under the Commerce Clause."
More than a dozen other states have followed Virginia's lead in filing similar lawsuits that are likely to be determined by the Supreme Court.
The minimum coverage provision passed by the Obama administration and Congress has fueled the anger of conservative tea party groups across the nation. They argue that for the federal government to tell individuals and families what they must purchase tramples on basic liberty.
No court has ever ruled a contract valid that was entered into under duress. To force citizens to contract to purchase health coverage or pay a fine if they fail to do so is contrary to traditional law.
Attorneys for the Obama Administration are asking a federal judge to dismiss a suit filed by the Commonwealth of Virginia. The Obama administration asserts that Congress is well within its right to require individuals to secure private health insurance under new federal law.
Health and Human Services Secretary Kathleen Sebelius argued in a motion filed hours before a midnight deadline that the law is well within the scope of the Constitution's Commerce Clause.
Virginia Attorney General Ken Cuccinelli filed suit in the U.S. District Court in Richmond in less that eight hours after the health care reform bill was signed by Obama.
The lawsuit filed in defense of the Virginia Healthcare Freedom Act argues that requiring people to buy health coverage or pay a fee exceeds federal powers limited by the Constitution's 10th Amendment and contradicts the new state law.
Health and Human Services Secretary Kathleen Sebelius argues that Virginia lacks standing to sue.
Her motion to dismiss the lawsuit states, "Even if Virginia could surmount this jurisdictional barrier, its claim still would fail because Congress, in adopting the minimum coverage provision, acted well within its authority under the Commerce Clause."
More than a dozen other states have followed Virginia's lead in filing similar lawsuits that are likely to be determined by the Supreme Court.
The minimum coverage provision passed by the Obama administration and Congress has fueled the anger of conservative tea party groups across the nation. They argue that for the federal government to tell individuals and families what they must purchase tramples on basic liberty.
No court has ever ruled a contract valid that was entered into under duress. To force citizens to contract to purchase health coverage or pay a fine if they fail to do so is contrary to traditional law.
