Federal Judge Hudson took 42 pages to demolish Obamacare.
It violates Article One meaning Congress does not have the power to make such a law. Specifically Section 1501 of the 2,700 page bill violates the Constitution and makes it impossible to implement.
It violates the Commerce Clause.
It violates the General Welfare Clause.
It violates the Necessary and Proper clause.
It violates the Tenth Amendment
It’s an Unconstitutional Tax.
It’s an Unlawful Exercise of the Police Power, all the above because is requires individuals to pay a penalty for not engaging in economic activity. It forces people to decide which way they want to lose. Pay for Healthcare or pay a penalty for not paying for it. A false choice.
Docket Number: Civil Action No. 3:10CV188-HEH in The United States District Court for the Eastern District of Virginia.
Case Caption: Commonwealth of Virginia Ex.Rel. Kenneth T. Cuccinelli, II in his official capacity as Attorney General of Virginia, Plaintiff v. Kathleen Sebelius, Secratary of the Department of Health and Human Services, in her official capacity, Defendant.
The Short Title is Cuccinelli v Sebelius. http://healthcarelawsuits.net/pdf/VirginiavSebelius.pdf
The MEMORANDUM OPINION by Judge Hudson is deeply researched, well argued and clearly written. It leaves no doubt OBAMACARE is an Unconstitutional Scheme called The Patient Protection and Affordable Care Act (“ACA” or “The Act”)
The next step is to appeal the case to the Fourth Circuit Court. That Appeal is guaranteed. Every case is guaranteed one appeal. An appeal to the U.S.Supreme would normally come after the Fourth Circuit rules. An appeal to U.S. Supreme Court is not guaranteed but the adminstration wants to appeal it to U.S.Supreme because most of that court is Liberal with votes in favor of ObamaCare almost guaranteed by Sotomayor, Kagen, Ginsberg, Breyer and Scalia who will probably vote to uphold the clearly unconstitutional law. Sebelius however wants to run the clock and will appeal to the District Court. This is far from over.