
Originally Posted by
Email Release
Before the ink dried on the health care boondoggle President Obama just signed into law, fourteen states sprang into action to defend their sovereignty by filing suits in federal court against ObamaCare’s individual mandate.
Thirteen states – Alabama, Colorado, Florida, Idaho, Louisiana, Michigan, Nebraska, Pennsylvania, South Carolina, South Dakota, Texas, Utah, and Washington – filed suit jointly in Pensacola, Florida, citing the “Patient Protection and Affordable Care Act” as an "unprecedented encroachment on the sovereignty of the states" and basing their case on the 10th Amendment.
Virginia’s Attorney General, Ken Cuccinelli, filed suit separately in Richmond, Virginia.
Thanks to the tremendous work of Virginia Campaign for Liberty Executive Director Donna Holt and the tireless lobbying efforts of VA C4L, the “Healthcare Freedom Act” recently passed the Virginia General Assembly and was signed into law by Governor Bob McDonnell. This law effectively declares the individual federal mandate null and void for citizens of Virginia.
The Healthcare Freedom Act has given Attorney General Cuccinelli unique standing on which to base his lawsuit. The Virginia law reads, “No resident of this Commonwealth…shall be required to obtain or maintain a policy of individual insurance coverage….” As the Cuccinelli suit states, “The collision between the state and federal schemes also creates an immediate, actual controversy involving antagonistic assertions of right.”
It continues: “…thus far in our history, it has never been held that the Commerce Clause, even when aided by the Necessary and Proper Clause, can be used to require citizens to buy goods or services.”
The federal government, despite boasts to the contrary, knows the individual mandate rests on a perversion of the Commerce Clause that it has been allowed to get away with for far too long.
In addition to action in the courts, states around the country are also voicing their opposition toward this unjust, unconstitutional usurpation of power through legislation. Along with Virginia, Utah and Idaho have signed into law variations of Healthcare Freedom Acts, and similar legislation has been introduced in more than 25 other states!