Today, federal district judge Henry Hudson denied the Federal Government’s Motion to Dismiss in Virginia’s lawsuit over the individual mandate in the new health care bill.  The landmark states’ right case was brought by the Commonwealth’s Attorney General Ken Cuccinnelli moments after Obamacare was signed into law in March.

The basic premise of Virginia’s case is that the individual mandate is unconstitutional.  The Feds are relying on the clause in Article 1 Section 8 of the Constitution that is commonly referred to as the ‘Commerce Clause’.  It states that Congress has the power to ‘regulate commerce…among the several states…”.  Virginia’s argues “that if someone isn’t buying insurance, then – by definition – he is not participating in commerce.  How, then, can the government use the Commerce Clause to regulate non-commerce, ie. regulating inactivity?”

The judge concluded his ruling this way:

While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate- and tax- a citizen’s decision not to participate in interstate commerce. Neither the U.S. Supreme Court nor any circuit of appeals has squarely addressed this issue.  No reported case from any federal appellate court has extended the Commerce Clause or Tax Clause to include the regulation of a person’s decision not to purchase a product, notwithstanding its effect on interstate commerce.  Given the presence of some authority arguably supporting the theory underlying each side’s position, this court cannot conclude at this stage that the complaint fails to state a cause of action.

The secretary’s motion to dismiss will therefore be denied.  Resolution of the controlling issues in this case must await a hearing on the merits.

The next hearing is scheduled for October 18th.  It is expected that this case will be appealed to the Supreme Court no matter which side wins on appeal.

Conservatives all over the country are praising Mr. Cuccinnelli for his courage and tenacity as they anxiously await the outcome of this case.  Should Virginia prevail, the entire Obamacare bill will be relegated to the ash heap of history.  The bill was written so that if any part of the bill is found to be unconstitutional, then the entire bill is unconstitutional.  The bill contained no ‘severability clause’ which would have allowed the bill to stand even if parts of it are struck down by the courts. To learn more about the case, take a look at the videos posted on Outer Banks Tea Party’s website.

We in northeast North Carolina feel a special kinship with Virginia on account of our shared heritage and our proximity.  In politics, though, we are worlds apart, at least for now.  But…November is coming….