Doubts on new health law - State's challenge goes ahead

[boston bean]

Raising serious questions about the constitutionality of a key part of President Obama”s new health care reform plan, and finding no Supreme Court decisions specifically on the issue, a federal judge on Monday ruled that the state of Virginia’s court challenge to the plan may go forward. U.S. District Judge Henry E. Hudson of Richmond, VA, rejected the Administration’s plea to dismiss that case at the outset. The 32-page ruling – the first by any federal court on challenges to the new law — is here.

The new law, the judge commented, “radically changes” health care coverage in the country. In passing it, he added, Congress broke new ground and extended “Commerce Clause powers beyone its current high watermark.” Both sides, the decision said, have turned up prior rulings, but they are “short of definitive.”


“While this case raises a host of complex constitutional issues,” the judge wrote, “all seem to distill to the single question of whether or not Congress has the power to regulate — and tax — a citizen’s decison not to participate in interstate commerce” — that is, a private decision not to buy health insurance. “Neither the U.S. Supreme Court nor any circuit court of appeals has squarely addressed this issue…Given the presence of some authority arguably supporting the theory underlying each side’s position, this Court cannot conclude at this stage that the complaint fails to state a cause of action….Resolution of the controlling issues in this case must await a hearing on the merits.”

The Virginia lawsuit is one of at least three major cases challenging the new Patient Protection and Affordable Care Act, one of the President’s main domestic policy initiatives. Virginia’s challenge was aimed only at a provision that requires individuals either to obtain a minimum level of health insurance coverage or pay a penalty if they do not do so. The law has two separate provision on that point: the mandate to buy health insurance, and the penalty for failure to do that. Virginia challenged only the mandate.

http://www.scotusblog.com/2010/08/doubts-on-new-health-law/

I remember hearing from many that these lawsuits wouldn't see the light of day. Well, I guess we will find out whether or not the Federal Government can forcibly mandate its citizen purchase something from a private entity.

Good, I think it's a valid question, and I'm glad that it is moving forward. It will be very interesting to watch and see how this works its way through the courts.

[eridani]

1. On the other hand, there is no constitutional question about the government's right to

--assess taxes to fund public goods, like for instance Medicare. Or Medicare for All.