October 18 2010

Dear Santa, All I Want for Christmas is... My Personal Freedom

Hadley Heath

This Christmas will be a very special Christmas for Ken Cuccinelli, the Attorney General who is leading the legal fight against ObamaCare in Virginia. Today, after nearly two and a half hours of arguments, Judge Henry Hudson said that he would rule on the constitutionality of health reform by January 1, 2011.


Although the health reform law was purported to be a good thing for the American people, it was shoved through Congress much like a chubby Santa shoves through a skinny chimney.  Only... now the legislation is facing some firey opposition from defenders of the Constitution, like Cuccinelli.


The "Individual Mandate," also sometimes referred to as the minimum-essential-coverage-requirement, will force us all to buy health insurance, and worse, will set an ugly precedent for unlimited government intervention in the decisions American people make. It is this provision of Obamacare that is in the hot seat in Virginia, and in various District Courts where the health reform law is facing legal challenges.


From the Richmond Times-Dispatch:

...Hudson expressed concern over the extent to which a law that compelled the purchase of insurance from those who did not wish to participate could open the door to allowing the government to compel the purchase of other goods and services. He also expressed concern about whether such a law could regulate other activities such as the purchase of an automobile, or joining a gym or "eating asparagus."

"They could have done constitutional things about health care," [Virginia Solicitor General] Getchell said. "They chose the one thing they were not allowed to do."

The individual insurance mandate provision does not take effect until 2014. Other components of the 2,700-page law take effect next year. "This bill has more moving parts than a Swiss watch," Hudson remarked, drawing chuckles from the packed courtroom.

No matter how Hudson rules in late December (or on January 1), the case will probably be appealed. It's in line to reach the Supreme Court first among the other 20+ cases that challenge the law (the multistate case in Florida has its next hearing on December 16), so it's worth paying attention. Writing to the North Pole probably won't help, but you can support Cuccinelli and the other Plaintiffs in their cases.  To keep up with all that's going on, visit http://healthcarelawsuits.org.

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