VA Federal Court Judge Rules Portion of Health Care Act Unconstitutional

Attorney General Cucinnelli, on behalf of the Commonwealth of Virginia, argued that the mandatory purchase provision of the Federal Health Care Law is is the first time the Commerce Clause has been used to compel citizens to purchase a product under penalty of law. He contended it is an unconstitutional extension of the authority of the Federal Government. The Court agreed.

P>RICHMOND, Va. (Catholic Online) - The much anticipated ruling on Virginia Attorney General Ken Cucinelli's lawsuit against the Federal Government which sought to have the Health Care Reform Act set aside as an unconstitutional expansion of Federal authority was delivered Monday morning, December 13, 2010.

U.S. District Court Judge Henry Hudson held that the mandate within the Act which requires Americans to purchase insurance coverage or face a statutory penalty is unconstitutional.The opinion is 42 pages long and contains the following strong rejection of the mandatory provision:
 
"Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market. In doing so, [this] enactment of the [individual mandate] exceeds the Commerce Clause powers vested in Congress under Article I [of the Constitution.] "

The Obama Administration lawyers argued that this mandate to purchase insurance is constitutional under the Commerce Clause which gives the Federal Government authority to regulate interstate commerce.

Attorney General Cucinnelli, on behalf of the Commonwealth of Virginia, argued that the mandatory purchase provision of the Federal Health Care Law is unconstitutional. It marks the first time the Commerce Clause has been used to compel citizens to purchase a product under penalty of law. He contended it is an unconstitutional extension of the authority of the Federal Government.

U.S. District Court Judge Henry Hudson agreed with the argument against the mandatory provision offered by the Attorney General of Virginia. He held that the mandate to purchase insurance "exceeds the constitutional boundaries of congressional power."

The Judge did not hold that the entire Health Care Act was unconstitutional. Rather, the Court severed the provisions related to the mandatory purchase and the penalties associated with it.

There is little doubt that this case, and the other lawsuits filed by 20 other States, will propel this matter all the way to the United States Supreme Court.

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