Virginia Lawsuit Against US Healthcare Plan May Proceed
U.S. District Court Judge Henry Hudson has ruled against a motion by the Obama Administration to dismiss Virginia Attorney General Ken Cuccinelli’s lawsuit against the Federal Health Care Reform Act. Craig Carper reports.
Attorney General Cuccinelli, as well as Governor McDonnell and Lieutenant Governor Bolling, all released statements yesterday commending Judge Hudson’s decision.
Democratic State Senator Don McEachin has been a strong supporter of health care reform, but says a decision in favor of dismissal would have been highly unusual.
McEachin: On a motion such as summary judgement, it is rare that the moving party wins, and that’s because the law requires the trial judge to view the facts in the light most favorable to the Commonwealth.
During this past General Assembly session, the legislature passed a law that states that Virginians cannot be required to purchase health insurance. Cuccinelli says the health care package not only violates the new Virginia law, but also the commerce clause of the U.S. Constitution.
The White House released a statement yesterday saying that all insured Americans have been funding the uninsured for decades, because doctors do not turn away critically ill people at the emergency room for lack of insurance. This cost taxpayers, doctors, hospitals and insurance companies 43 billion dollars in 2008, adding approximately eleven hundred dollars, on average, to family premiums.
Lawyers will begin their arguments in District Court on October 18th. Both parties have said that they will appeal to the fourth circuit and ultimately to the U.S. Supreme Court, should Judge Hudson rule against them.
Craig Carper, WCVE News, Capitol Square