Government

VA Atty Gen Responds to H’Care Lawsuit Victory: ‘We Have Beaten Back’ Attack Against Our Rights

A U.S. District judge ruled Monday that the individual mandate included in the Democrats’ landmark health care overhaul was unconstitutional. This was welcome news for Virginia Attorney General Ken Cuccinelli who led the charge against the federal statute:

Comments (63)

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  • dontbotherme
    Posted on December 13, 2010 at 7:37pm

    Another battle won… but the Freedom War continues. Remain vigilant.

    Report Post »  
  • MightyMouth
    Posted on December 13, 2010 at 7:34pm

    Awww. Is your wittle socialist takeover of America turning out to be un-constitutional? Poor wittle obaby. I think someone needs a hug and a binky and sippy cup. waaaaaaaaaaaahh!!

    Report Post » MightyMouth  
    • treshall
      Posted on December 13, 2010 at 7:43pm

      don’t forget the diaper change- I‘ve been able to smell this guy’s mess for way too long now

      Report Post »  
  • ronmorgen
    Posted on December 13, 2010 at 6:52pm

    In Nicaragua president Noriega is running for an unconstitutional third term. However he has the courts stacked with socialist judges who are letting him run. We don’t have too many socialist judges in the supreme court do we? I know that last appointee was.

    Report Post » ronmorgen  
  • psykeskaos
    Posted on December 13, 2010 at 6:09pm

    Proud to be a Virginian, and so glad I helped push for Cucinelli, and McDonnell. The people of Virginia have spoken and Richmond Listened!! Florida is poised to do the same.
    Virginia is for Freedom!!! How appropriate for the 215th anniversary of the Ratification of our Constitution.
    The greatest document ever written… (by Virginians!!)

    Report Post » psykeskaos  
  • mikenleeds
    Posted on December 13, 2010 at 5:56pm

    aman brother ,, get the freaking government out of our business and send those Nazi s back to the rock they crawled out of… God bless American and freedom

    Report Post » mikenleeds  
  • No Free Beer
    Posted on December 13, 2010 at 5:52pm

    http://nofreebeer.blogspot.com/

    Report Post » No Free Beer  
  • ConservativeFeminist
    Posted on December 13, 2010 at 5:50pm

    With sincere thanks to God and Virginia Attorney General Ken Cuccinelli!

    Report Post » ConservativeFeminist  
  • mndjohnson
    Posted on December 13, 2010 at 5:49pm

    Yeahhhhh Virginia! Now let’s beat back the Obama Progressive assaults on and in our White House!

    Then let’s escort them out of the country to live in exile.

    Report Post »  
  • heavyduty
    Posted on December 13, 2010 at 5:36pm

    This is just one step of many, the government has more money than the states. They will keep fighting it until they win. You can bet that they are looking hard to find a judge that will throw that judgment out.

    Report Post »  
  • petestreet
    Posted on December 13, 2010 at 5:08pm

    We may yet save our nation and our freedom in the courts, if we don’t get more commies on the high court like the last two. I, HOPE WE DON’T HAVE TO RELEY ON OUR MILLITARY TO STOP THE CANCER eating our liberty. Buy amo train your family and neighbors on marksmanship aim for the head then body mass. . .

    Report Post »  
  • 8jrts
    Posted on December 13, 2010 at 5:04pm

    With this administration, when the courts shoot it down, and congress repeals it, The big “O” will no doubt have Cass find a way to “regulate” it into our lives.

    Report Post » 8jrts  
  • spreadcommonsensenot pc
    Posted on December 13, 2010 at 5:04pm

    UNCONSTITUTIONAL????—-THERE IS NO CONSTITUTION—only the un charter——ala Clinton

    Report Post »  
  • 229Mick
    Posted on December 13, 2010 at 4:59pm

    As long as people give even a passing glimpse at the Constitution of the United States of America, this will be the result in every case of these power grabs.

    Report Post » 229Mick  
  • po-boy
    Posted on December 13, 2010 at 4:50pm

    One battle won many more to fight. In the end the progressives will find a way to cram it down our throat legal or not. They must be kicked out of government and this country. Unless they would like to live in a consentration camp, after being spay and nutered. That’s their plan for us.

    Report Post »  
  • facethedebate
    Posted on December 13, 2010 at 4:46pm

    At least this is a step in the right direction! We need to stop the encroachment on our freedoms. A good place to challenge people to debate this topic is http://www.facethedebate.com where we have a voice as citizens and can intelligently debate the other side!

    Report Post » facethedebate  
  • nostromo
    Posted on December 13, 2010 at 4:44pm

    Interesting one of the arguments the government made was that compulsory buying can be considered a tax and the government clearly has the right to tax. The judge pointed out that it was stated by the government during the Obamacare debate that compulsory buying WAS NOT to be considered a tax and the government could not refer to it as such now after the fact essentially passing an unconstitutional law and then trying to reinterpret it to make it constitutional. The slicksters in the Obama administration have been called out on their neat trick to ram this through. It has been determined that compulsory buying is NOT a tax and that the commerce clause will be the determining constitutional factor. Things look bleak for Obamacare.

    Report Post »  
    • Modawg734Blue
      Posted on December 13, 2010 at 9:57pm

      Dear Nostromo,
      The deciding factor is the 9th Amendment. When did I give the Federal government the right to dictate my personal level of health care. Read the 9th Amendment to the Constitution of the United States. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. (The act of enumerating, making separate mention, or recounting; A detailed account, in which each thing is specially noticed.) According to this amendment to the Constitution in the Bill of Rights, because a specific right of the people is not mentioned in the Constitution it does not give the federal government the authority to override or ignore the rights of the individual. Remember, the government in this country was established to serve the people. We are not here to serve the political agenda of the progressive machine. read my reply to third Archon. After all he is a political scolar.

      Report Post »  
  • powhatan
    Posted on December 13, 2010 at 4:43pm

    BOOYAH! We are going to keep on top of this in Virginia!

    Report Post » powhatan  
  • Strife
    Posted on December 13, 2010 at 4:37pm

    Don’t go beating your chest yet… This is just the 1st step in a long fight to come…

    Report Post » Strife  
  • J.C. McGlynn
    Posted on December 13, 2010 at 4:31pm

    Not over yet. Gibblet says they are going straight to Supreme Court.

    Report Post » J.C. McGlynn  
    • snowleopard3200 {mix art}
      Posted on December 13, 2010 at 4:37pm

      Fine, as someone once said “Bring them on!!!”

      Report Post » Snowleopard {gallery of cat folks}  
    • treshall
      Posted on December 13, 2010 at 7:18pm

      Ok, but if we’re going, let’s go because we have no time to waste- the sooner they get this mess before the SCOTUS, the better, esp. before B.H.O. has the chance to put more Kagans on the bench for life (*gag* excuse me, I just threw up a little- leftist judges appointed for life have that effect on me).

      Report Post »  
  • mallsniper
    Posted on December 13, 2010 at 4:30pm

    No you haven’t.
    This is just a prelude, an opening act.
    When it is all said and done, millions, maybe billions, of taxpayer dollars will be wasted.
    When any semi literate could tell you it was unconstitutional in the first place.
    But we did have to pass it to find out what was in it!!!

    Report Post » mallsniper  
  • raiderglenn
    Posted on December 13, 2010 at 4:25pm

    Step 1 in getting gid of it is DONE!

    Now on to step 2, voting to repeal in the House!!!

    Report Post » raiderglenn  
    • raiderglenn
      Posted on December 13, 2010 at 4:30pm

      ooops, thats getting RID of it….

      operator error… lol

      Report Post » raiderglenn  
  • The Third Archon
    Posted on December 13, 2010 at 4:25pm

    Except automotive insurnace, which you ARE required to buy.
    Except the protections of the social contract, which you ARE required to buy (in the form of taxes).
    Except social security insurance (Medicare and SS) which you ARE required to buy (again, with taxes)
    Except when you ARE required to buy things to comply with safety standards and other regulations which the government puts into place.

    There is constitutional precedent

    Report Post » The Third Archon  
    • Diamondback
      Posted on December 13, 2010 at 4:33pm

      I agree. All those requirements are UNCONSTITUTIONAL and should be overturned.

      Also, all government programs, agencies, and departments which do not have a foundation in the enumerated powers clause of the U.S. Constitution should be reversed, repealed, disbanded, terminated, etc. (e.g. Dept. of Education, Unemployment, Welfare, Medicare, Medicaid etc. etc.).

      LET’S ROLL AMERICA!

      Report Post »  
    • J.C. McGlynn
      Posted on December 13, 2010 at 4:34pm

      As far as auto insurancen it is a state requirement and not federal.

      Report Post » J.C. McGlynn  
    • booger71
      Posted on December 13, 2010 at 4:41pm

      Car Insurance–State issue not federal, and if you don’t drive not required to buy it
      Social Contract?-Marrige, no you don’t just live together
      SS and Medicare–not unless you get a paycheck–some people never pay in a dime
      What other “things” are you talking about?

      Obamacare requires everybody after a certain date to have health care or face a fine.

      Report Post » booger71  
    • booger71
      Posted on December 13, 2010 at 4:43pm

      “Also, all government programs, agencies, and departments which do not have a foundation in the enumerated powers clause of the U.S. Constitution should be reversed, repealed, disbanded, terminated, etc. (e.g. Dept. of Education, Unemployment, Welfare, Medicare, Medicaid etc. etc.).”

      That’s a good start

      Report Post » booger71  
    • Diamondback
      Posted on December 13, 2010 at 4:47pm

      The Federal Government, all three branches, have violated and broken the social contract with the States and WE THE PEOPLE and therefore no longer have the consent of the majority.

      The Declaration of Independence states “… That whenever any Form of government becomes destructive of these ends [securing the rights of the citizenry], it is the right of the people [some of us consider it a DUTY] to alter or abolish it, and to institute new government, …”

      LET’S ROLL AMERICA!

      p.s. AN OPEN MESSAGE TO THE TSA/DHS:

      Regarding your UNCONSTITUTIONAL AND ILLEGAL nude body scans or sexual assault pat downs:

      GOT PROBABLE CAUSE ARSEHATS?

      Regarding real security concerns: SECURE THE BORDER! NO to the DREAM ACT or any other Immigration Reform UNTIL AFTER THE BORDERS ARE SECURED!

      Report Post »  
    • Bill Wallace
      Posted on December 13, 2010 at 5:40pm

      @ The Third Archon…

      Your post is ignorant.

      There is NO precedent on this, as each of the items you list are easily distinguishable from the universal mandate.

      Your posting the regurgitated offal of Obamacare supporters who like this to Auto Insurance is beyond ignorant. You do not need auto insurance. You don’t. It is your choice to have it. If you refuse to drive, you do not need auto insurance. So auto insurance is CONDITIONAL upon driving a car. Driving a car is a privilege, not a right. So they aren’t the same thing at all.

      Taxes? Not the same thing. Although this mandate may act like a tax, it isn’t. Taxes don’t buy you anything…not even coverage for insurance.

      And what safety standard are we forced to buy? Those that come with an item? Like safetybelts in a vehicle?

      Try again.

      Report Post »  
    • be heard
      Posted on December 13, 2010 at 7:30pm

      You do not have to have car insurance. If you do not have a car or you do not drive you do not have to have car insurance. You do not have to wear a seat belt you could choose not to ride in a car (take a bus, train or cab). The difference is they want you to pay for insurance on your own body as if they own it. You don’t have any options with health care they are forcing you to do buy it.

      I have a problem with the government telling me I have to wear a seat belt and other laws that infringe on my freedoms. Would be nice if we could start changing some of them but if we don’t fight Health care then we are essentially letting the government own our bodies.

      Report Post » be heard  
    • Modawg734Blue
      Posted on December 13, 2010 at 9:41pm

      Dear third Archon,
      Since you are so up to date on Constitutional Law, PLEASE show the rest of us ignorant sclubs, where in the Costitution Congress is given the duty or Authority to mandate health care. Is it Constitutional? Let me ask you this? When did I give the Federal government the right to dictate my personal level of health care. Read the 9th Amendment to the Constitution of the United States. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. (The act of enumerating, making separate mention, or recounting; A detailed account, in which each thing is specially noticed.) According to this amendment to the Constitution in the Bill of Rights, because a specific right of the people is not mentioned in the Constitution it does not give the federal government the authority to override or ignore the rights of the individual. The truth is the federal government does not have the right to force social programs down the throat of the people, but they are doing it without regard to the long term consequences of such irresponsibility. The litmus test for this is simple, ask yourself if a government program can be described as redistribution of wealth. If the answer is yes than it is in all likelihood unconstitutional. Now ask yourself, if I broke into your home and stole one of your TVs, then gave it to a family who didn’t have a TV, is this stealing? The government is a little more subtle, they break into your paycheck to steal the TV before you buy it. The bottom line is you have been “bled” again. If the 9th doesn’t convince you, how about the 10th Amendment? Tell me where in the constitution did the federal government receive this power? The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. When did I give the federal government the right to dictate my private health care? Obama’s health care plan is unconstitutional. It is a private right of the citizens. It is not owned by the State that they could delegate this power to the Federal Government. Now lets look at other parts of the Constitution. No Bill of Attainder or ex post facto Law shall be passed. Congress does not have the right to pass a bill of attainder or ex post facto law. A Bill of Attainder is a bill that has a negative effect on a single person or group of people; Such as, a tax imposed on a person or group of people with respect to race, religion, creed, or social status; or for instance a massive federal healthcare bill which creates an unequal burden on particular groups in society. In order for any legislation to comply with this cluase in the Constitution, it must by necessity, apply to all citizens of the United States equally without respect to race, religion, creed or social status. In essence, any law passed which could reasonably be described as redistribution of wealth is unconstitutional and therefor, null and void. This clause is to ensure equal treatment under the law. (An ex post facto law is a law passed after the fact. For example: You are caught and arrested for picking your nose in public; however, the law making the act illegal was not passed until after you were arrested, you cannot be charged under this law. Ex post facto doesn’t apply here, but it’s good to understand the law, since you are a Constitutional scolar.) Now let’s look at the commerce clause.
      To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; Congress does have the right to regulate commerce, however, this is not a green light to mandate universal health care. This is only to oversee the transactions, and maintain fairness of trade. It does not, and was never intended to give Congress the right or authority to dictate trade. To be direct and to the point, Congress does not have the authority to mandate the purchase of anything by an individual under this clause. If this clause were to be used to justify forcing citizens to purchase an unnecessary service such as healthcare coverage, and yes I maintain health insurance is unnecessary due to the fact one can survive without it, it will give Congress the authority to force free citizens to purchase other unwanted items or services in the future. Just pray we never elect a president who likes brussel sprouts or liver, God the horror! To defend the health care act as a tax does not work either. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
      This gives the Congress of the United States of America the right to tax and collect taxes, however, it is very specific as to the purpose for collecting the taxes. These taxes can be used to pay the national debts. They can be used to provide for the common defense of the nation. They can be used to promote the general welfare of the United States. And, … well, that is it.That is all Congress is authorized to lay and collect taxes for. In addition, with the exception of the income tax, which has its own little special ammendment to make it legal, the tax burden must be proportioned with regard to population. Now let us be very specific; general welfare means things that apply to all citizens equally. This would mean things like a system of roads, which allow for interstate commerce, or any other area that has a substantial benefit for society as a whole, without infringing on the rights of individuals. It does give Congress the right to tax to pay for the administration of government, but, it was never intended to be a blank check to bloat the size of the beauracracy. It does not mean the Federal Government has a right, a duty, or a responsibility to steal from one group of citizens to give to another group of citizens. It does not give Congress the authority to collect taxes from American citizens to give to any other nation as a gesture of good will. Congress does have the right to tax, but, Congress has a limited right to spend. The members of Congress should remember they are only stewards of other peoples money. And to try to use the general Welfare angle does not work either. Welfare programs, classified as redistribution of wealth, do not promote the general welfare, they promote the welfare of a select group at the expense of others. Which puts them in the catagory of a Bill of Attainder. So, In short the Obama Care Act is definately Unconstitutional. If the average citizen, knew what was in this unconstitutional law it would scare the poop out of you. Oh wait, the politicians who voted it in to law do not even know what is in it. “We have to pass it to find out what is in it” Thanks Nancy you are definately representing the people who elected you. Well it’s time for dinner, I just pray we never have a president who likes brussel sprouts. God Bless and keep you all.

      Report Post »  
  • dwh320
    Posted on December 13, 2010 at 4:24pm

    Fight for America

    Report Post » dwh320  
    • booger71
      Posted on December 13, 2010 at 6:29pm

      “Like safetybelts in a vehicle?”

      Your right, one can easily buy a car before the seat belt law came into effect to get around it and some states mandatory seat belt laws

      Report Post » booger71  
  • conservativejazzman
    Posted on December 13, 2010 at 4:24pm

    good state

    Report Post » conservativejazzman  
  • dwh320
    Posted on December 13, 2010 at 4:23pm

    Keep Fighting

    Report Post » dwh320  
    • tower7femacamp
      Posted on December 13, 2010 at 4:29pm

      good job Cuccinelli, now let’s look at the FEMA camps .
      Are they constitutional ?
      http://www.jesus-is-savior.com/Evils%20in%20Government/Police%20State/camps.htm

      Report Post » tower7femacamp  
    • BMartin1776
      Posted on December 13, 2010 at 4:33pm

      Just one battle won in a long war coming. Dont celebrate too soon though… Does anyone here think BHO is going to let his socialist dream get taken down in the courts or allow a new congress to repeal it?!

      This law is his legacy, he won’t let it go and neither will the radicals he surrounds himself with. Stay on alert and see who will be coming out of the woodwork to fight this.

      Stay vigilant and we must bring the fight to corrupt politicians, media and special interests front door through http://www.savingtherepublic.com

      Report Post » BMartin1776  
    • snowleopard3200 {mix art}
      Posted on December 13, 2010 at 4:35pm

      Keep onward and upward in the fight, head to the higher calling of the nation and the restoration of our home. Yes the war will be a long one, and the storm is at hand, yet this nation has forged for itself a unique place in history and the future is shining bright after the current problems.

      We will celebrate the victory yes, and keep marching step by step, come what may to the end.

      WE are the PEOPLE of AMERICA!!!
      WE will WIN!!!

      Report Post » Snowleopard {gallery of cat folks}  
    • guyperram
      Posted on December 13, 2010 at 4:38pm

      Hitler liked his concentration camps. Obama loves his FEMA camps. Now he just wants to fill them with those that don’ see things his way. Of course Lenin, Stalin, Mao, and Pol Pot all had similar ideas.

      Report Post »  
    • IVillageIdiot
      Posted on December 13, 2010 at 4:40pm

      Amen…. head for SCOTUS, and push it over the goal line with a 6-3 or a 7-2, though I will settle for another 5-4.

      Even then, we’re still not safe. They will keep trying as the REAL objective is to control the 1/6 of the economy that sector represents and FORCE those in the sector to vote for more GVT funding and a bigger GVT role.

      READ= Vote Socialist Forever….. or loose your jobs.
      (that is what they were able to accomplish in England, it must be stopped)

      Report Post » IVillageIdiot  
    • MAULEMALL
      Posted on December 13, 2010 at 4:44pm

      Makes me proud to have voted for him…

      Report Post » MAULEMALL  
    • @leftfighter
      Posted on December 13, 2010 at 4:50pm

      Shift focus to Florida on Thursday.

      The 20 state suit is being heard there and then.

      Report Post » @leftfighter  
    • Its Gonna Getcha
      Posted on December 13, 2010 at 4:54pm

      Forgot who on TV (a female) said that this whole Healthcare thing is going to be thrown out once the courts look at how one set of people can drop it, while another set of people are required by law to purchase it.

      Report Post » Its Gonna Getcha  
    • snowleopard3200 {mix art}
      Posted on December 13, 2010 at 4:59pm

      @Leftfighter

      Thanks for the tipoff, will watch for the results coming.

      Report Post » Snowleopard {gallery of cat folks}  
    • TXPilot
      Posted on December 13, 2010 at 5:57pm

      Just a small opening shot in the war to come, against the entire Communist coalition that is running this country to ruin.

      Report Post » TXPilot  
    • PeterThePainter
      Posted on December 13, 2010 at 9:39pm

      I guess President Obama may rethink his slamming of the Supreme Court. Oh, there is 9 Judges.

      Report Post »  
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