Monday, August 2, 2010

Judge Gives Virginia OK to Press On With Health Care Lawsuit Against Feds

The state of Virginia can continue its lawsuit to stop the nation's new health care law from taking effect, a federal judge ruled Monday. U.S. District Court Judge Henry Hudson said he is allowing the suit against the U.S. government to proceed, saying no court has ever ruled on whether it's constitutional to require Americans to purchase a product. "While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate -- and tax -- a citizen's decision not to participate in interstate commerce," Hudson wrote in a 32-page decision. The Commerce Clause allows the U.S. government to regulate economic activity. But Virginia argued that it's not economic activity when someone chooses to refrain from participating in commerce...more

If you are interested at all in federalism, this case seems to have it all. While about standing, the decision provides a nice summary of the issues involved. Read it here.

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