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".
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