Tuesday, August 03, 2010

Court Ruling Vindicates Lawsuits Against ObamaCare

/PRNewswire/ -- The first decision in the many lawsuits against ObamaCare, in a case brought by the State of Virginia, has just been handed down. It is a resounding repudiation of the arguments against this litigation.

Promoters of a Big Government/ Big Insurance takeover of American medicine have claimed that constitutional challenges to ObamaCare are frivolous and baseless. They say the unprecedented government intrusion is fully constitutional, citing the power of Congress to impose taxes and to regulate interstate commerce. But the federal court in Virginia rejected the arguments made by the Secretary of the U.S. Department of Health and Human Services.

In a scholarly, 32-page opinion, the court held that "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."

Forcing all Americans to buy costly insurance that they do not want is the foundation on which ObamaCare rests. Without it, ObamaCare collapses. Other lawsuits, including the one brought by the Association of American Physicians and Surgeons (AAPS) in the District of Columbia, and one brought by a number of States in Florida, also challenge this mandate.

"The decision by the court in Virginia confirms the legitimacy of challenging the constitutionality of ObamaCare in court," states AAPS General Counsel Andrew Sechlafly. "This is a victory for freedom, and a real setback to the enemies of freedom in medicine."

The court reiterated that "the existence of congressional findings is not sufficient, by itself, to sustain the constitutionality of Commerce Clause legislation." As Virginia pointed out, "a decision not to purchase a product, such as health insurance, is not an economic activity. It is a virtual state of repose--or idleness--the converse of activity."

Although the majority of practicing physicians oppose ObamaCare's massive intrusion into medical practice, and a large percentage have indicated that they may quit practicing as a result, AAPS is so far the only long-established, national medical association to ask a court to overturn a key provision of the law (see www.aapsonline.org/hhslawsuit/). Where is the American Medical Association (AMA) when physicians and patients need it most?

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