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Thread: Judge won't dismiss Va. challenge to health care law

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    Judge won't dismiss Va. challenge to health care law

    updated 6 minutes ago
    WASHINGTON — Virginia's lawsuit challenging the Obama administration's health care reform law cleared its first legal hurdle Monday as a federal judge ruled the law raises a host of complex constitutional issues.

    U.S. District Judge Henry Hudson's decision stemmed from Virginia Attorney General Ken Cuccinelli's claims that Congress exceeded its authority under the Constitution's Commerce Clause by requiring citizens to buy health insurance or pay a penalty.

    Hudson's ruling denied the Justice Department's attempt to have the lawsuit dismissed, saying further hearings must take place before he can weigh the merits of the case. An Oct. 18 hearing had previously been set in the case.

    "Unquestionably, this regulation radically changes the landscape of health insurance coverage in America," Hudson wrote in his 32-page decision.

    The Virginia General Assembly passed legislation this year exempting state residents from the federal coverage mandate. Hudson wrote that the attorney general had a right to defend that state law.

    Judge won't dismiss Va. challenge to health care law - Politics - msnbc.com

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    Re: Judge won't dismiss Va. challenge to health care law

    Quote Originally Posted by Crunch View Post
    Good post. Your comment makes me wonder why states don't band together and file a class action (if that's what it would be called). Fourteen or so states banding together (more might join) would have a larger voice and smaller legal bills.
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    Re: Judge won't dismiss Va. challenge to health care law

    Quote Originally Posted by MaggieD View Post
    Good post. Your comment makes me wonder why states don't band together and file a class action (if that's what it would be called). Fourteen or so states banding together (more might join) would have a larger voice and smaller legal bills.
    It might simplify the legal process. In the end, though, their "voices" aren't the ones that matter. I wish our legal system could fast-track things like this to the Supreme Court, because ultimately that is where this issue is going to get settled in my opinion. The healthcare bill is not constitutionally unprecedented, I have no reason to believe it will be ruled unconstitutional, but that doesn't mean states don't have a right to challenge it. I just wish it would be done faster and cheaper, one way or another.
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    Re: Judge won't dismiss Va. challenge to health care law

    Quote Originally Posted by Crunch View Post
    The idea that we should be forced by the government to purchase health insurance is repulsive. But is it legal? Probably. We are already forced to purchase insurance of various types, through payroll deductions for medicare and unemployment insurance. Will the SCOTUS roll those back? If they stop this, then that does have implications for those other taxes. On the other hand, they might rule "settled law", which would be a farce. One thing for sure. Whatever Bush did wrong as president is not as important here as what he did right, which was putting good justices on the bench. If this is stopped, then yes, it WILL be Bush's fault, and I will thank him for it.
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    Re: Judge won't dismiss Va. challenge to health care law

    Quote Originally Posted by MaggieD View Post
    Good post. Your comment makes me wonder why states don't band together and file a class action (if that's what it would be called). Fourteen or so states banding together (more might join) would have a larger voice and smaller legal bills.
    Likely is that a multiple of States might wish to do this but in present times with States Finances in parlous state, it might be judicious to see how far Va can go with bucking Obama.

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    Re: Judge won't dismiss Va. challenge to health care law

    I'm glad I voted for Cuccinelli. Hopefully the judges actually do their appointed job now and smack down the federal power.

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    Re: Judge won't dismiss Va. challenge to health care law

    I don't think any of the lower District courts will be able to do much w/this issue other than write their desenting views on the matter and "pass it on" to the Supreme Court. Meanwhile, Reps will try everything in the book to strike down health care reform legistlation in whole or in part. But this is what kills me about the Republican Party where this issue is concerned.

    They've known for years that aspects of the health care system needed to be revised. They've known since Medicare, Part-D was implimented that it wasn't funded AND that there has been waste within the Medicare system. They've acknowledged since as far back as the Clinton Administration that there were problems within the nation's health care system. And as we all know Republicans have made very similar acknowledgements during the course of the various Town Hall meetings and debates on this very sensative issue during the current administration. Yet, they've done nothing about it; such was never made part of the Republican (President) agenda ('least not known publically). And why not? Why didn't they take up this agenda item under G. W. Bush instead of using the exact same tactics now as used under the Clinton Administration to eventually bring the legality of certain aspects of health care reform legistlation before the judiciary? Knowing that this was an important issue, why didn't they work closer with Democrats and the Obama Administration to make the health care system work better so that there wouldn't be a need to place this issue before the judiciary?

    Congressional Republicans claim tried very hard to "work" with their Democrat counterparts to bring about fair health care reform legistlation but the Democrats wouldn't accept their proposals, but as many have observed that's just not true. Many items the Republicans have recommended have been incorporated in health care legistlation, i.e., removal of the public option and the additional branch of government that would have run it, giving more control and oversight to the States to establish their own Health Insurance Exchanges and High Risk Pools, making it clear that no government funds would go to illegal aliens or to fund abortions, etc., etc.

    There have been concessions made on both sides of the political isle, but when it came down to getting votes across partisian lines, it was always the Democrats who were ready to put the People's interest above political gains, whereas it appears to me that Republicans were more concerned with either protecting their own Congressional seats or protecting the private industry (insurance companies, hospitals and other special interest groups, i.e., doctors) rather than doing what was in the best interest of the People. To put it another way, Republicans have done more to look out for themselves than to do their job which, IMO, is to look out for the People. And sometimes, that means putting what's best for the country ahead of your own interest or those of a specific voting block. Even now they're talking about choking off funds for various aspects of health care reform just so people who truly need health care might not get it.

    Congressional Republicans knew people were suffering or going bankrupt over every rising medical cost, yet they didn't do anything about it. They knew there were loopholes in the Medicare system, yet they did nothing about it. They knew people were being "cheated" or "denied" health coverage for small, insignificant things, yet they did nothing about it.

    I may not totally agree with everything in the health care legistlation, but at least one side of the political spectrum was willing to try and fix the problems within the health care system, and that's far more than I can say about Congressional Republicans who would rather just leave things as they were.
    Last edited by Objective Voice; 08-02-10 at 05:49 PM.

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    Re: Judge won't dismiss Va. challenge to health care law

    Quote Originally Posted by Objective Voice View Post
    I don't think any of the lower District courts will be able to do much w/this issue other than write their desenting views on the matter and "pass it on" to the Supreme Court. Meanwhile, Reps will try everything in the book to strike down health care reform legistlation in whole or in part. But this is what kills me about the Republican Party where this issue is concerned.

    They've known for years that aspects of the health care system needed to be revised. They've known since Medicare, Part-D was implimented that it wasn't funded AND that there has been waste within the Medicare system. They've acknowledged since as far back as the Clinton Administration that there were problems within the nation's health care system. And as we all know Republicans have made very similar acknowledgements during the course of the various Town Hall meetings and debates on this very sensative issue during the current administration. Yet, they've done nothing about it; such was never made part of the Republican (President) agenda ('least not known publically). And why not? Why didn't they take up this agenda item under G. W. Bush instead of using the exact same tactics now as used under the Clinton Administration to eventually bring the legality of certain aspects of health care reform legistlation before the judiciary? Knowing that this was an important issue, why didn't they work closer with Democrats and the Obama Administration to make the health care system work better so that there wouldn't be a need to place this issue before the judiciary?

    Congressional Republicans claim tried very hard to "work" with their Democrat counterparts to bring about fair health care reform legistlation but the Democrats wouldn't accept their proposals, but as many have observed that's just not true. Many items the Republicans have recommended have been incorporated in health care legistlation, i.e., removal of the public option and the additional branch of government that would have run it, giving more control and oversight to the States to establish their own Health Insurance Exchanges and High Risk Pools, making it clear that no government funds would go to illegal aliens or to fund abortions, etc., etc.

    There have been concessions made on both sides of the political isle, but when it came down to getting votes across partisian lines, it was always the Democrats who were ready to put the People's interest above political gains, whereas it appears to me that Republicans were more concerned with either protecting their own Congressional seats or protecting the private industry (insurance companies, hospitals and other special interest groups, i.e., doctors) rather than doing what was in the best interest of the People. To put it another way, Republicans have done more to look out for themselves than to do their job which, IMO, is to look out for the People. And sometimes, that means putting what's best for the country ahead of your own interest or those of a specific voting block. Even now they're talking about choking off funds for various aspects of health care reform just so people who truly need health care might not get it.

    Congressional Republicans knew people were suffering or going bankrupt over every rising medical cost, yet they didn't do anything about it. They knew there were loopholes in the Medicare system, yet they did nothing about it. They knew people were being "cheated" or "denied" health coverage for small, insignificant things, yet they did nothing about it.

    I may not totally agree with everything in the health care legistlation, but at least one side of the political spectrum was willing to try and fix the problems within the health care system, and that's far more than I can say about Congressional Republicans who would rather just leave things as they were.
    I and I would almost guarantee a number of others who post on DP might well agree with you on some of the points you have raised.
    Where you and I differ is with you claiming to be an 'Objective Voice', to me you are suggesting a partisan leaning.
    The Health problem within the US will not be solved by the so called Obama care bill, however it is well that someone is trying to do something to solve an insoluble problem.
    I say insoluble because IMO the only way by which a universal Health System can be brought into being in the US is if the US were to admit to a continuation of a Communist Government, with Health care being rationed.
    Somehow I cannot see either of the main party's coming out and admitting that health care will be rationed across the board.
    Additionally I cannot see anyone who is elected being willing to have their health care under the same system that everyone else has by Law to have.
    Incidentally it already is rationed, largely because those that can afford to buy, do so, whereas those who cannot afford get Medicaid.

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