The federal government’s motion to dismiss Virginia’s healthcare lawsuit was DENIED today. The Health Care Freedom Act we helped pass as a Tea Party movement will have its day in court! Great victory today, but the battle has just begun. Here are some portions from the judge’s ruling:
While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate- and tax- a citizen’s decision not to participate in interstate commerce. Neither the U.S. Supreme Court nor any circuit of appeals has squarely addressed this issue. No reported case from any federal appellate court has extended the Commerce Clause or Tax Clause to include the regulation of a person’s decision not to purchase a product, notwithstanding its effect on interstate commerce. Given the presence of some authority arguably supporting the theory underlying each side’s position, this court cannot conclude at this stage that the complaint fails to state a cause of action.
The secretary’s motion to dismiss will therefore be denied. Resolution of the controlling issues in this case must await a hearing on the merits.
For those of you who are interested, you can read the entire ruling by clicking here. So it looks like we will have the Cuccinelli vs. Sebellius showdown! May Federalism win the day!
