My Name is Sue

23Mar10

Now, to the courts.

Virginia’s lawsuit challenging the constitutionality of the federal health-care reform law has formally been filed.

Within five minutes of President Obama signing the bill at a White House ceremony this morning, state solicitor general E. Duncan Getchell Jr. and Deputy Attorney General for Civil Litigation “Wes” Russell Jr. headed to the elevators of their sixth-floor office in Richmond and strolled outside, where they were greeted by television cameras, for the short walk to Richmond’s federal courthouse.

We will be getting more familiar with the Commerce and the General Welfare clauses of the Constitution over the next several months.

The suit argues that the legislation’s mandate that individuals purchase health insurance exceeds the federal government’s power to regulate interstate commerce under the U.S. Constitution. And it asserts that Virginia has standing to sue over the issue because of a new state law that prohibits the mandate in the state. “The collision between the state and federal schemes also creates an immediate, actual controversy involving antagonistic assertions of right,” Attorney General Ken Cuccinelli writes in the suit.

“The status of being a citizen or resident of the Commonwealth of Virginia is not a channel of interstate commerce; nor a person or thing in interstate commerce; nor is it an activity arising out of or connected with a commercial transaction. Instead, the status arises from an absence of commerce, not from some sort of economic endeavor, and it is not even a non-economic activity affecting interstate commerce. It is entirely passive,” the suit reads. “While the United States Supreme Court has not adopted a categorical rule against aggregating the effects of any non-economic activity in order to find Commerce Clause authority, thus far in our history, it has never been held that the Commerce Clause, even when aided by the Necessary and Proper Clause, can be used to require citizens to buy goods or services.”



3 Responses to “My Name is Sue”

  1. 1 The Professor

    Ya know, I have been busy all my life. Years of on the go…… don’t stop.

    I have no job now, so I have some time to sham. But the news is overwhelming sometimes, there is just too much to try and put into context and perspective. Through it all though, I know that I’m committed to getting rid of as many of the socialists as possible with my means

  2. 2 Kristin Priore

    Go Virginia! This is an over-reach of the Federal Government’s power and it will bankrupt the states.

    As far as all this cost savings, TODD, PLEASE bring up the fact that most people do not go for preventative care because THEY DO NOT WANT TO! Most people only go to the doctor when they feel bad or have some symptom that they cannot take care of on their own.

    As far as Medicare, basic medicare doesn’t pay for yearly physicals, so the whole “preventative” arguement is really dumb there.

    And you and Tom seemed baffled by the “Tiering” of drugs on formularies. Go in your wallet, look at your insurance card. You probably have three prices there for drugs, a 1st Tier Generic Co-Pay (usually around $10), a 2nd Tier Co-Pay (for branded drugs that the health plan “prefers”, usually around $20-30), and a 3rd Tier Co-Pay (for branded drugs the health care plan does not like or that are expensive – usually about $40-50). This is the way that insurance companies try to get patients to ask for the less costly medications. You sometimes need a Prior Authorization to get a 3rd Tier Drug, so that holds up your filling it at the pharmacy. This is an effort to 1. annoy your doctor to write something at a 1st or 2nd tier and 2. an effort to get you to annoy your doctor to write you something you can get now.

    Hope that helps!!


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