I think I have mentioned this here before but if not then I am now. One of the most curious aspects of Obamacare is the constitutional authority to require citizens to buy health insurance. One presumes this is based on the interstate commerce clause.
Here’s the curious part. Not buying insurance is not commerce. Further, insurance is regulated state to state so, not only is it not commerce but it is not interstate.
The Commonwealth of Virginia filed suit shortly after Obama signed his healthcare bill. There are many other states who have filed suit as well citing in part the issues I raised above. Today US District Judge Henry Hudson ruled against the Administration’s motion to dismiss the Virginia suit.
A federal judge in Richmond, Va, refused on Monday to throw out a lawsuit filed by the Virginia attorney general challenging the constitutionality of President Obama’s health care reform law. The ruling is the first decision in what may be years of litigation over the question of whether Congress has the power to regulate – and tax – a citizen’s decision not to buy health insurance. US District Judge Henry Hudson said that neither the US Supreme Court nor any circuit court of appeals had squarely addressed that question. Existing legal precedents are inconclusive, he said.