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.

HB10 Lawsuit Will Proceed

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.