Del. Bob Marshall’s Print & Audio Statement on Virginia’s Healthcare Lawsuit Decision


Del. Bob Marshall is hailing today’s U.S. District Court decision in a Virginia lawsuit declaring that the controversial federal health care reform law violates the United States Constitution.

“Judge Hudson’s ruling thwarts a power grab by the Obama Administration and Congress to extend their insidious reach further into our private lives,” Marshall (R., 13th) said.

“Clearly, Judge Hudson understands that the federal government can’t have it both ways in enforcing the Constitution’s Commerce Clause. It makes no sense, legally or otherwise, to expand federal authority over participating in interstate commerce to include those of us who choose not to participate.”

The federal law compels American citizens to contract for health insurance they do not want, do not need, or find morally objectionable. Persons who decline to buy the coverage face fines and imprisonment.

Marshall noted that Judge Hudson’s decision makes it virtually certain that the United States Supreme Court will take up the issue. Federal district judges in several other states already have issued contrary rulings. The Supreme Court usually hears cases in which judges in different federal districts issue conflicting decisions.

Early this year, Marshall, who represents Prince William and Loudoun Counties, was the principal House of Delegates patron of HB 10, the Virginia Health Care Freedom Act exempting state residents from the federal law. Marshall’s bill was passed by overwhelming votes in both houses of the General Assembly and was signed into law by Gov. Bob McDonnell.

HB 10 directly confronts Congress and President Obama on the issue of compelling American citizens to buy health insurance. It gave Virginia Attorney General Ken Cuccinelli the legal standing he needed to file the Commonwealth’s lawsuit on which Judge Hudson ruled today.

“The threat of heavy fines and jail time for failure to buy Obamacare health insurance is a power grab without practical limits and has no precedent in American history,” Marshall said. “It undermines our constitutional form of government, and is an affront to free men and women.”

“I introduced HB 10 to ensure a direct confrontation with Congress and President Obama on the federal health care law. I wanted Virginia to get into this very important fight, not avoid it.”

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CONTACT: Bob Marshall, 703-853-4213 (cell) or 703-368-6306 (home)

Click here to read the court's full opinion in PDF format.

Click on the play button below to listen to Del. Marshall's Audio statement.

UPDATE: Cuccinelli Sues over Federal Health Care Legislation

BOB BROWN/TIMES-DISPATCHThe challenge by Attorney General Ken Cuccinelli was filed immediately after President Barack Obama signed the health care legislation. WIRE AND STAFF REPORTS Published: March 23, 2010 Updated: March 23, 2010 Source: Courtesy of Richmond Times Dispatch

Virginia’s attorney general has filed a lawsuit challenging the federal government’s health care overhaul law.

Attorney General Ken Cuccinelli filed the suit today in U.S. District Court immediately after President Barack Obama signed the landmark measure into law. Cuccinelli, a Republican, and other conservatives claim the law represents an unconstitutional overreach of federal authority.

“Congress lacks the political will to fund comprehensive health care in this way because taxes above those already provided in (the legislation) would produce too much opposition,“ his suit states. “The alternative, which was also a centerpiece of the failed Clinton administration health care proposal, is to fund universal health care in part by making healthy young adults and other rationally uninsured individuals cross-subsidize older and less healthy citizens.“ ...

READ THE FULL TEXT at TimesDispatch.com

Despite Health Bill Uncertainty, Va. Protest Bills March On

By: WILLIAM C. FLOOKExaminer Staff Writer Source: Courtesy of The Washington Examiner February 1, 2010

The precarious position of national health care legislation hasn't stopped lawmakers in Virginia from moving ahead with bills that seek to defy a federal health insurance mandate.

The proposals -- which have advanced in committee or subcommittee in both the Virginia House and Senate -- look to exempt Virginia from Congress' health care initiatives. While the measures may end up being more symbolic than substantive, they have gained wide notice as Republican lawmakers seek to harness unrest over an expanded federal role in medical care.

Del. Bob Marshall's Health Care Freedom Act has become this session's most viewed bill on the state's legislative Web site -- with more looks than even the two-year budget proposal.

Similar legislation in the Democratic-led Senate has narrowly emerged from committee, with the cross-over support of two Democratic senators.

The victory of Republican Scott Brown this month in a special election to fill the late Ted Kennedy's Massachusetts Senate seat deprives Democrats of a needed 60th vote to stop a GOP filibuster, casting in grave doubt any efforts to overhaul the nation's health care system.

And even if the national health bill passed Congress, a state legislature wouldn't have the authority under modern Supreme Court doctrine to defy it, said Ilya Somin, associate law professor at George Mason University School of Law.

"They can pass legislation if they want to, but the legislation in and of itself wouldn't do anything for them unless they were able to have the federal legislation invalidated in court," Somin said.

Nevertheless, Virginia lawmakers are likely to hotly debate the legislation in the coming days. Several freshman Republicans won election partly on the promise to oppose Democratic initiatives on health care, the environment and economic stimulus, as did recently inaugurated Gov. Bob McDonnell.

Most controversial is the idea of an individual mandate -- a provision that would fine Americans who don't purchase health care. Marshall, R-Manassas, calls the mandate unconstitutional.

"If members of Congress are shoving something out that violates the provisions of the Constitution ... we have an obligation to stand up to it, not just to roll over and play dead," he said.


Bills Would Limit Federal Power

Date published: 1/18/2010 WRITTEN BY CHELYEN DAVIS

Source: Courtesy of Fredricksburg Free Lance Star

RICHMOND--Last year's "tea parties" and health care town halls gave voice to a groundswell of concerns about federal government spending and encroachment into people's lives.

Now those concerns are finding voice in state legislation aimed at limiting the federal government's power.

Several members of the Virginia House of Delegates, including Del. Mark Cole, R-Spotsylvania, have submitted bills that aim, in various ways, to restrict federal influence.

Del. Bob Marshall, R-Prince William, has put in bills to exempt Virginians from federal health care mandates. Cole has a similar bill. He has also introduced legislation to restrict federal oversight of commerce by saying that federal interstate commerce laws and regulations don't apply to goods and services made and sold in Virginia that don't cross state lines.

Cole also has a resolution urging Congress to establish a balanced-budget amendment to the Constitution.


Virginia leader chomping at the bit to fight 'Obamacare'

WND Exclusive DOCTOR'S ORDERSIncoming AG to feds: Hands off my state Posted: January 16, 2010

By Anita Crane Source: Courtesy of © 2010 WorldNetDaily

Officials in Virginia a short time ago joined attorneys general in a dozen other states to object to the provisions of "Obamacare," the pending legislation that would give the federal government unprecedented control of health care, and the state's incoming attorney general is chomping at the bit to get to work on the issue.

Ken Cuccinelli, who will take the oath of office this weekend, said it's a simple matter of the government lacking authority to impose the decisions members of Congress are making for their constituents.

"I believe the individual mandate violates individual rights," Cuccinelli said in an interview. "I do not believe the federal government has the legal authority in the [U.S.] Constitution to mandate that individual Americans purchase health insurance.

"A corollary to that is that the [Senate] bill, as it is currently written, requires state governments to set up healthcare exchanges to facilitate individual mandates. I do not believe that under the Constitution the federal government has the authority to dictate or effectively force states into its bureaucracy,” he said.

The opposition is just one of the moves afoot to challenge the Democrat plan should it eventually succeed and be adopted as law. The outgoing Virginia attorney general, Bill Mims, had joined with 12 other Republican state attorneys general to object to the Senate's version, which exempts Nebraska from paying Medicaid fees.


Marshall’s HB 10 Bill challenges right of “Obamacare” to force Virginians to purchase health care

“Congress has never, in 220 years, mandated that individuals purchase any private service or good, until now. Both the U.S. House and Senate health insurance “reform” bills approved by Virginia Senators Jim Webb and Mark Warner threaten our families with jail time and fines up to $25,000 if we do not purchase health insurance that Obama Health Czars think is good for us whether we want it or not.