Virginia Judge Tosses Health Care Lawsuit [Once again Interstate Commerce Clause Trumps!]

[Sandra]

Virginia Judge Tosses Health Care Lawsuit [Once again Interstate Commerce Clause Trumps!]

Source: AP via National Journal
URL Source: http://www.nationaljournal.com/heal ... s-health-care-lawsuit-20101130
Published: Nov 30, 2010
Author: Larry O'Dell

RICHMOND, Va. - A federal judge on Tuesday dismissed Liberty University's lawsuit challenging the Obama administration's new federal health care law, declaring that a provision
requiring most individuals to obtain insurance is constitutional.

University law school dean Mathew Staver said in a telephone interview that he will promptly appeal the ruling to the 4th U.S. Circuit Court of Appeals
in Richmond.

The ruling by U.S. District Judge Norman K. Moon in Lynchburg is the second court decision upholding the law, following one in Michigan in October. Officials from several states have filed
another lawsuit in Florida, and a separate challenge by Virginia
Attorney General Kenneth Cuccinelli is pending in federal court in
Richmond.

Principals on both sides expect the issue to ultimately be decided by the U.S. Supreme Court.

"In the weeks ahead, there will be additional court cases examining this matter and the health reform law," Stephanie Cutter, assistant to the
president for special projects, wrote in a White House blog post. "We
can't predict the outcome of each case, but we are confident that we
will ultimately prevail in court and continue to deliver the benefits of
reform to the American people."

U.S. District Judge Henry E. Hudson has said he expects to rule in Cuccinelli's lawsuit by the end of the year.

Liberty claimed in its suit that the requirement that individuals buy health insurance or pay a penalty is not a proper exercise of congressional
authority under the Constitution's Commerce Clause. The university
argued that a decision not to buy insurance is not economic activity
that can be regulated by Congress.

Moon disagreed, writing in his 53-page opinion that "there is a rational basis for Congress to conclude that individuals' decisions about how and when to pay for
health care are activities that in the aggregate substantially affect
the interstate health care market."

Staver said he was not discouraged.

"The court's ruling on the Commerce Clause, while wrong, puts us on the fast track to the federal court of appeals," he said.

The conservative Christian university founded by the Rev. Jerry Falwell also claimed the law violates its religious rights by forcing it to
subsidize coverage for abortions, but again the judge disagreed. Moon
said the law includes provisions that allow policyholders to avoid
subsidizing abortion coverage.