Virginia ObamaCare Suit Wins First Skirmish

[Oh Shoot]

Not exactly a "win", but at least first Fed judge has ruled that it will continue for a chance to win.

Actually fairly important, as at least the first decision won't have to be appealed from the gitgo, seems.

Just first article I came to:

Virginia Politics Blog - Va. health-care suit can go forward, federal judge rules

"RICHMOND -- A federal judge Monday morning refused to dismiss a Virginia lawsuit challenging the constitutionality of the federal health-care law, handing the law's foes their first victory in a courtroom battle likely to last years." <etc>

- OS

[eapking]

+1 ...go get 'em VA!!!!

[Oh Shoot]

Also, again who knows final outcome, Missouri has theoretically annulled the Obamacare "individual mandate" in state wide referendum:

Show Me ObamaCare - WSJ.com

- OS

[Guest Letereat!]

Hurray for VG. The whole country is watching. If they win I hope many states will follow their lead.

[G27]

Between Obamacare and immigration, it seems we're heading for a real showdown...

[Guest HvyMtl]

This is a dangerous course. The best way is to get Congress to overwrite the law.

Going though courts is expensive, takes a long time (no guarantee the Courts will impose a stay on the law during the fight) and may actually end up enforcing the law fought against.

Going to Court to block a law is a crap shoot at best.

If you do not want a law, elect those who would act to remove it.

[Guest 6.8 AR]

This is a dangerous course. The best way is to get Congress to overwrite the law.

Going though courts is expensive, takes a long time (no guarantee the Courts will impose a stay on the law during the fight) and may actually end up enforcing the law fought against.

Going to Court to block a law is a crap shoot at best.

If you do not want a law, elect those who would act to remove it.

But that is how it's done when you have a stacked

deck against "we the people". Sure it's dangerous,

but would you rather we stay the present course?

Some things will just have to be done. That course

will just have to do. Congress is not on the peoples'

side. Good for VA and MO.

[Guest HvyMtl]

Ok. So they are asking for a Judge to be an "activist" by legislating from the bench, to remove O care.

Yet, complain when their "activism" is not in favor of certain views.

Cannot have it both ways.

This is an avenue of recourse. But, it easily backfires, and typically does not remove the law, or most of it.

Mo and Va would be better served to have the voters vote out those who approved, and vote in those who would legislate its removal.

[USMCJG]

Ok. So they are asking for a Judge to be an "activist" by legislating from the bench, to remove O care.

Yet, complain when their "activism" is not in favor of certain views.

No one is asking any judge to be an activist in this case. They are asking a judge to be the opposite. Ruling on law based on the Constitution is the exact opposite of judicial activism.

[G27]

No one is asking any judge to be an activist in this case. They are asking a judge to be the opposite. Ruling on law based on the Constitution is the exact opposite of judicial activism.

+1

[gotigers]

Cuccinelli is one sharp AG. I don't know his politics, but he is a bull dog in the interviews i have seen of him.

After hearing what the Judge wrote in his ruling, it sounds like he opposes Fed intervention into state rights.

Ruling with strict constitutional views is never judicial activism. The reversal of the gay marriage ban was judicial activism. That judge made up some stuff.

[Guest 6.8 AR]

When a judge applies the constitution to make his decision whether

a law is constitutional or not, how is that judicial activism? I think

that is called "doing his or her job". Judicial activism is where a judge

decides outside of the bounds of the constitution whether or not a

law is constitutional. It is a huge difference. It is also one of the

reasons the judicial branch exists.

Hvymtl, if one side can use judicial activism, tell me why the other

side can't use the constitution, in a federal court. What was Heller

or McDonald all about?