Legal Commentary

My Washington Examiner Op Ed on The Recent Ruling in the Virginia Health Care Lawsuit

By Ilya Somin

The Washington Examiner recently posted my op ed on Monday?s ruling in the Virginia health care lawsuit, which I previously discussed in this post:

Monday?s federal district court decision refusing to dismiss a lawsuit challenging the constitutionality of the Obama health care plan is an important step forward for opponents of the plan.

The suit by the state of Virginia focuses primarily on a challenge to the ?individual mandate? element of the plan, which requires most American citizens and legal residents to purchase a government-approved health insurance plan by 2014 or pay a fine for noncompliance......

Judge Henry Hudson wrote that the individual mandate ?literally forges new ground and extends Commerce Clause powers beyond its current high watermark.? As he put it, ?No reported case from any federal appellate court has? ruled that Congress has the power to ?regulate a person?s decision not to purchase a product....?

The legal battle over the Obama health care plan is far from over.

Nonetheless, Hudson?s ruling is a victory for those who believe that the individual mandate is unconstitutional. It makes it difficult to argue that the lawsuits against the mandate are mere political grandstanding with no basis in serious legal argument. 

Full post as published by The Volokh Conspiracy on August 05, 2010 (boomark / email).