Monday, December 13, 2010

Tom Cuccinelli is at it again, but this time causing problems involving the enforcement of healh care reform in Virginia

Virginia's controversial, foolish attorney general, Tom Cuccinelli, has gotten his wish of repealing the enforcement of some of the Federal Affordable Care Act.  The portion in particular is the mandate of requiring citizens to buy some form of health insurance.  The U.S. District Court Judge, Henry E. Hudson, known for his conservative stances and dabbling in anti-healthcare reform lobbying as well, ruled today that portion of the Affordable Care Act was unconstitutional.
"Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market," he wrote. "In doing so, enactment of the [individual mandate] exceeds the Commerce Clause powers vested in Congress under Article I [of the Constitution.]"
The kicker is why this justice ruled in Cuccinelli's favor was because the Republican-dominated Virginia General Assembly passed a state law prohibiting any type of mandate against requiring a health insurance for citizens.  (Of course, the same logic could be drawn from the mandating of certain states requiring drivers to have automobile insurance, but that another conversation).  Cuccinelli feels embolden now since he got his way and even Virginia Republican Congressman Eric Cantor want to even have the case sent directly to the SCOTUS (U.S. Supreme Court).  Oh yeah, the mandate isn't exactly unenforceable because it will be still be allowed while its going through the appeals process.

However, this whole situation is first shot of the GOP and anti-healthcare reform sycophants to strip this delicately constructed law allowing many whom couldn't receive health care including many of my fellow Gen-Y peers as well as those whom are over the poverty line but can't afford it either (also known as the "in-between").   Oh yeah, let me not forget about the other 20 states including Alabama and Georgia, stirring the pot on this law.  This whole fiasco is another reason why anyone with common sense should be against this craziness rather than promoting it...

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