Today a Virginia Federal Court Judge ruled that parts of Obamacare are unconstitutional. This is great news in the first step of a long court process. Next step is most likely the 4th U.S. Circuit Court of Appeals in Richmond, VA.
The Virgina Judge that ruled today was a George W. Bush appointee. However according to the Austin American Statesman the 4th court of Appeals is dominated by Judges appointed by Democrats. Additionally two other Federal Judges have separately ruled that Obamacare is constitutional, although those cases had a key difference than the case that was ruled on today according to Texas Attorney General Greg Abbott.
But Abbott said the Virginia ruling is different, because it was the first to take up the challenge of a state to the health care law.
Taken all together this is still good news because I am told it could fast track the appeals process to the U.S. Supreme Court since the Supreme Court takes a special interest in cases that have been ruled on differently by separate federal district courts.
Attorney General Greg Abbott who has jointly filed a lawsuit against Obamacare with other states strikes a positive tone in this Texas Tribune interview.
“This is a huge victory for Americans who feel that Congress overstepped its authority by passing Obamacare, a huge victory for Americans who believe in limited government and limitations on Congress, and a huge victory for the future of the Texas legal challenge to Obamacare,” Abbott said in a phone interview.
“We believe the legal analysis applied by the judge in the Virginia case will be similar to the legal analysis applied by the judge in the Texas case,” Abbott said.
Per the same Texas Tribune article Governor Rick Perry also sounds a positive note in his statement on the ruling.
Today’s court decision on the federal health care bill is promising news for Texans and all Americans, who have had enough of the ongoing federal intrusion into their lives, and who reject this one-size-fits-all approach to dealing with health care. The federal government’s attempt to force every American to buy government-approved health insurance is an egregious violation of our Constitutional rights. The 10th Amendment and individual liberties must be protected, and I am committed to fighting the overreach of Obamacare and challenging these unconstitutional mandates, which have gone far beyond both the letter and spirit of the Constitution.
And just in case you care, reasons # 1 and #2 on why I love Virginia, I was born there and my parents live there.