Patriot Post-The Brief

Opinion in Brief

"The implicit argument for the legality of Obamacare is that the country hasn't taken the Constitution seriously in decades. So why start now? Since all branches of the federal government have colluded in ignoring and violating the Constitution for this or that 'good' cause over the years, why insist on returning to it? Nancy Pelosi relied on this implicit argument when she sputtered 'Are you serious?' to a question last year about Obamacare's constitutionality. Her scoff meant that the matter isn't even debatable anymore; America's de facto new Constitution -- the 'living' one that resides in the wills of modern pols and judges -- permits Congress to do anything it pleases in the name of the 'general welfare.' ... That Congress can establish whatever tax it pleases in the name of the 'general welfare' or ludicrously stretch the Commerce Clause to mean that nonactivity counts as regulatable 'interstate commerce' was rejected over 220 years ago. Forcing every person in every state into purchasing health insurance was not one of the enumerated powers of Congress." --columnist George Neumayr

Virginia Could Be the First to Reinforce Original Intent

and that would only be fitting. We are the birthplace of individual freedom and limited government. From the Religious Freedom Act to Patrick Henry's speech, Viriginians have stood against intrusive and restrictive actions by government.

Ruling expected Monday on Virginia health care suit

Many observers believe that U.S. District Court Judge Henry E. Hudson, who sits in Richmond, may be the first judge to strike down the law.

If he does, he would rule that Congress overstepped its constitutional authority to regulate interstate commerce with a requirement in that law that individuals obtain health insurance by 2014 or pay a fine.

The suit was filed in March by Virginia Attorney Gen. Ken T. Cuccinelli II (R), who said he was defending a new state statute that made it illegal to require individuals to have health insurance. It is separate from a case filed jointly by 20 other states in Florida. A judge will hear oral arguments in that case on Thursday.

Hudson's staff says he is expected to file his ruling on the case midday Monday. His decision will almost certainly be appealed. The constitutionality of the law will ultimately be determined by the U.S. Supreme Court.

The Honorable Henry Hudson should write a very short brief, saying, in essence:
"The Healthcare Law is trash. You boys have to scrap it now and start over."

Obamacare Heads to Court

While the new Congress deliberates over ways to repeal or defund the Obama Administration’s “healthcare reform” law, twenty states and the National Federation of Independent Business (NFIB), have filed suit in federal court arguing that the law is unconstitutional and should be struck down immediately. This is the largest of several legal challenges to Obamacare across the country.

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The Constitution does not allow Congress to force Americans to purchase a product solely because they are alive and the federal government’s claim of such authority contradicts more than two hundred years of Supreme Court precedent. Yet the individual mandate, which would obligate private citizens to obtain health insurance whether they want it or not, does just that.