Obama Health Care

For the first time since Obama health care took effect, Justice Department lawyers faced off in open court against the Commonwealth of Virginia, stating that they do not have legal standing to challenge the law requiring that most Americans get health insurance coverage.

The two hour hearing took place before a federal judge in Richmond, VA with federal government lawyers stating that Virginia could not win an argument claiming that Congress had went above its constitutional authority.  Judge Henry E. Hudson predicts that the many challenges involved with Obama health care “will at some point in time define outer boundaries” of federal regulatory power.  Judge Hudson will rule on the argument within 30 days.

Currently, Obama health care is facing more than 15 legal challenges regarding several components included in the bill that was signed in to law in March of this year.  The lawsuit filed in Virginia was filed by Attorney General Ken T. Cuccinelli II, who is a Republican.  This lawsuit was filed following the health care reform bill being signed in to law.  Two other states, California and Michigan, are involved in lawsuits that have hearings scheduled for this month, and oral arguments in are expected to begin in September in a lawsuit filed in federal district court in Florida.  This lawsuit involves twenty states.

The attorneys general are hoping that Obama health care will be struck down by the United States Supreme Court in the end, assuming that lawsuits filed do continue move forward.  The argument of the attorneys general is that interpretation of the Commerce Clause of the Constitution cannot be used in a way that Americans are penalized by the government for refusing to purchase a product.

E. Duncan Getchell Jr., Virginia’s solicitor general, told Judge Hudson that you cannot draft an individual in to activity so that you can regulate him.  Getchell called the Obama health care law a “radical, radical claim of power,” and went on to say that if the health care law was upheld, the federal government would be allowed to require that citizens purchase nearly any commercial product for the purpose of advancing national interest.

From tax penalties to coverage for small business owners and their employees, it’s clear that Obama health care will never sit well with everyone, and that the controversy on the effectiveness and fairness of health care reform will continue well in to the future.

Mark South
Obama health care

You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.