-By Warner Todd Huston
U.S. District Judge Henry Hudson refused to dismiss Virginia’s lawsuit against Obamacare, today, allowing the suit against the federal government to continue on to the next stage.
The federal government sought a dismissal of the suit that challenges the Constitutionality of the part of Obamacare that requires every citizen to buy healthcare insurance.
In his report, Judge Hudson said:
The guiding precedent [on the Commerce Clause] is informative but inconclusive. Never before has the Commerce Clause and Necessary and Proper Clause been extended this far. At this juncture, the court is not persuaded that the Secretary has demonstrated a failure to state a cause of action with respect to the Commerce Clause element.
The chief claim of Virginia Attorney General Ken Cuccinelli is that the mandate to buy insurance violates the Commerce Clause of the Constitution. The federal government was attempting to have Virginia’s lawsuit thrown out with the claim that it doesn’t and should be thrown out because it is obvious that Obamacare does not violate the Constitution.
The judge, however, disagreed that it was so obvious and has allowed the suit to go forward.
It is Attorney General Cuccinelli’s contention that the insurance mandates expand federal power to never before seen heights of power in violation of the Constitution. It is an obvious conclusion, too.