RSSCategories
• Deeds
• McDonnell
• Governor 2009
• Lt. Governor 2009
• Photos
• Campaign 2008
• General Assembly 2008
Recent Entries
• Marchi to leave AFP
• McDonnell to call for hushed rhetoric
• Cantor speaks on House floor for resolution honoring victims
• Locke new black caucus leader
Recent Comments
-
• By essays from the entry 'McDonnell urges a fast-track to the U.S. Supreme Court, Democrats blast Cuccinelli'
• By Nealo from the entry 'McDonnell to call for hushed rhetoric'
• By Jon Wong from the entry 'Reax to Governor's Proposed Budget Amendments'
• By Stafford from the entry 'Radtke: Reject debt ceiling increase'
• By OldCavalier from the entry 'Hurt, Griffith considering debt limit vote'
• By Varun Choudhary from the entry 'Young Dems take aim at Cuccinelli'
• By Steve Shepard from the entry 'Young Dems take aim at Cuccinelli'
• By Dean from the entry 'Cuccinelli Supports Repeal Amendment'
• By mojoguzzi from the entry 'Cuccinelli Supports Repeal Amendment'
• By Barney Reilly from the entry 'Griffith gets energy committee assignment'
Blogroll
• RVABlogs
• Virginia politics blog roll
• Raising Kaine
• Too conservative
• Not Larry Sabato
• Rick Sincere
• Virginia Politics
• The Shad Plank
• Virginia Public Access Project
• Who's my legislator?
• The Contemporary Conservative
Monthly Archives
• April 2012
• March 2012
• February 2012
• January 2012
• December 2011
• November 2011
• October 2011
• September 2011
• August 2011
• July 2011
• June 2011
• May 2011
• April 2011
• March 2011
• February 2011
• January 2011
• December 2010
• November 2010
• October 2010
• September 2010
• August 2010
• July 2010
• June 2010
• May 2010
• April 2010
• March 2010
• February 2010
• January 2010
• December 2009
• November 2009
• October 2009
• September 2009
• August 2009
• July 2009
• June 2009
• May 2009
• April 2009
• March 2009
• February 2009
• January 2009
• December 2008
• November 2008
• October 2008
• September 2008
• August 2008
• July 2008
• June 2008
• May 2008
• April 2008
• March 2008
• February 2008
• January 2008
• December 2007
• November 2007
• October 2007
• September 2007
• August 2007
• July 2007
• June 2007
• May 2007
• April 2007
• March 2007
• February 2007
• January 2007
• December 2006
• November 2006
• October 2006
• September 2006
• August 2006
By: Jim Nolan
Published: October 04, 2010 6:25 PM
A Sacramento-based legal group has joined Virginia’s battle against the federal health care overhaul, filing an amicus brief in federal court in Richmond supporting the argument being advanced by Virginia Attorney general Ken Cuccinelli.
The Pacific Legal Foundation “friend of the court” brief argues, like Cuccinelli, that the insurance mandate provision of the new health care law violates the Constitution’s Commerce Clause by ordering individual citizens to buy a good or service or face a fine.
PLF describes itself as “the leading legal watchdog and pro bono litigator for limited government and property rights, and one of the nation’s premier litigators for Commerce Clause limits on federal power.”
“Never before has the federal government ordered citizens to buy a good or service, or be hit with a fine or other punishment,” said PLF attorney Luke Wake in a statement sent out to media. “The Constitution, properly interpreted, simply doesn’t permit this kind of federal command and control of people’s lives.”
The brief continues: “This is the first time that Congress has ever invoked its Commerce Clause authority to justify forcing Americans to buy a product or service, not as a condition of some other activity, but merely because they exist. Such an assertion of power expands the Commerce Clause authority far beyond both its original meaning and existing precedent. A person’s not deciding to buy health insurance is not an ‘economic activity,’ and no precedent exists allowing Congress to compel people to engage in commerce who otherwise would not choose to do so.”
Lawyers for the federal government have argued that Congress was justified in using the Commerce Clause to impose the mandate, which is not scheduled to take effect until 2014.
Virginia is defending a law enacted by the General Assembly earlier this year that says nearly every commonwealth residents is exempt from being compelled to purchase health insurance.
Both sides have agreed that if the mandate provision were struck down by the court, the health care overhaul as it currently stands would likely collapse.
The case returns to court before Judge Henry Hudson later this month, on Oct. 18. It is ultimately expected to be decided by the U.S. Supreme Court.
Deal of the Day
Advertisement
Advertisement
