Virginia Healthcare lawsuit arguments begin

Judge Henry Hudson heard oral arguments from the Federal Government and Virginia and will decide if Virginia case can proceed in 30 days. The Federal Government contends that not buying health insurance affects the insurance market (commerce) and as such, is covered by the commerce clause. This would represent a dramatic expansion in Federal power, and could allow the Federal government to compel citizens into any activity. Virginia Solicitor General argued "the [Federal] government can’t draft an unwilling citizen into commerce just so it can regulate him under the Commerce Clause".

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Virginia has a history of resisting tyranny. The state seal shows virtue defeating a tyrant or king. Sic Semper Tyrannis means "Thus always to tyrants".

Virginia AG sues Feds over Obamacare

Virginia AG Ken Cuccinelli filed a lawsuit against the individual mandate in Obamacare on March 24, 2010. This is separate from the other 14 states since Obamacare violates a recently passed Virginia Healthcare Freedom Act. Indiana joined the multi-state lawsuit led by Flordia yesterday, April 5.

Virginia Healthcare Lawsuit PDF

Update: July 2, 2010 Judge Henry Hudson heard oral arguments from the Federal Government and Virginia and will decide if the case can proceed in 30 days. The Federal Government contends that not buying health insurance affects the insurance market (commerce) and as such, is covered by the commerce clause. This would represent a dramatic expansion in Federal power, and could allow the Federal government to compel citizens into any activity. Virginia Solicitor General argued "the [Federal] government can’t draft an unwilling citizen into commerce just so it can regulate him under the Commerce Clause".

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Virginia Passes Healthcare Freedom Act

Virginia Governor Bob McDonnell signed into law the Virginia Health Care Freedom Act on March 24, 2010, which bars any government from compelling individuals to buy health insurance or face a fine. Virginia Healthcare Freedom Act PDF Text below:

No law shall restrict a person's natural right and power of contract to secure the blessings of liberty to choose private health care systems or private plans. No law shall interfere with the right of a person or entity to pay for lawful medical services to preserve life or health, nor shall any law impose a penalty, tax, fee, or fine, of any type, to decline or to contract for health care coverage or to participate in any particular health care system or plan, except as required by a court where an individual or entity is a named party in a judicial dispute. Nothing herein shall be construed to expand, limit or otherwise modify any determination of law regarding what constitutes lawful medical services within the Commonwealth.