VA: Judge Refuses to Dismiss Challenge to Health Crimes Law

Joy Tiz

©2010

Virginia Federal judge Henry Hudson ruled against the government’s motion to dismiss Virginia’s challenge to the Health Crimes Bill.  Without getting to the merits of the case, the court properly rejected the government’s claim that the Commerce Clause gives the government the power to force citizens to buy health insurance.  The judge’s ruling means that Team Obama will have to actually argue this monstrosity on its merits.

Judge Hudson’s ruling:

The guiding precedent [on the Commerce Clause] is informative but inconclusive. Never before has the Commerce Clause and Necessary and Proper Clause been extended this far. At this juncture, the court is not persuaded that the Secretary has demonstrated a failure to state a cause of action with respect to the Commerce Clause element.

In other words, the court was not willing to accept such a massive expansion of government power over individual citizens at face value.