Constitutionality of Obamacare trial

At the heart of the issue – the Commerce clause

Moments after President Obama signed the health-care legislation into law on March 23, Virginia Attorney General Ken Cuccinelli filed a lawsuit to stop the new mandate.

The federal government argues the mandate to purchase health insurance falls under its purview under the Commerce Clause.

The Commerce Clause is an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3), and states that the U.S. Congress has power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

“The Commerce Clause has never been invoked to regulate non-activity before,” said Ashley Shaw, federal analyst for CitizenLink. “Forcing people to purchase a product or service is not part of the Commerce Clause power, so states are rightfully taking action.”

Judge Henry Hudson of the U.S. District Court for the Eastern District of Richmond will decide whether the lawsuit can proceed. He has 30 days to make his decision.

If the case proceeds, the court will return on October 18. If the case is dismissed, Virginia will appeal. (Source: Citizenlink)

H/T – Party of Know

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