August 4, 2010 For Immediate Release
HB 10 Lawsuit Will Proceed
Manassas, VA- The Virginia lawsuit against the Federal Healthcare Mandate stemming from Delegate Bob Marshall’s HB 10 and other similar legislation has survived the Federal Government’s motion to dismiss and the lawsuit will proceed.
“There may be other bumps along the way but this is a huge victory towards the cause of freedom in this country,” said Marshall.
Also of great interest was one of the last paragraphs in the judge’s ruling which stated in part,
“While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate- and tax- a citizen’s decision not to participate in interstate commerce. Neither the U.S. Supreme Court nor any circuit of appeals has squarely addressed this issue. 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. Given the presence of some authority arguably supporting the theory underlying each side’s position, this court cannot conclude at this stage that the complaint fail to state a cause of action.
The secretary’s motion to dismiss will therefore be denied. Resolution of the controlling issues in this case must await a hearing on the merits.”
“The ultimate decision in this case will have lasting effects on our country, its citizen’s liberty and our system of government. I am encouraged by this ruling and will continue to do all I can to work with the Attorney General on this case,” said Marshall.
If you have any questions please contact Delegate Marshall at (703) 853-4213.