A Win For The Tea Party: A Virginia Judge Rules Health Care Reform Is Unconstitutional

Ever since the Obama administration passed the new health care reform package

, many people have been very upset about the potential power the new program gives government. Because of these issues, along with the mandates that require people to obtain insurance coverage, several states have taken a stance and have decided to file suit against the United States government.

The first state to take official action was the state of Virginia. Backed by the tea party movement, the state argued that the new health care reform was unconstitutional and was a violation of the rights of the people. In a stunning ruling, the first federal judge to hear such a case, Judge Henry Hudson, ruled that Obamacare's individual mandate for insurance is in fact unconstitutional.

The tea party, along with many other lawmakers and legal experts agree that this ruling is significant. The fact that there is a formal decision on the books that states the mandate is unconstitutional is an undeniable fact that cannot be ignored. If the decision had gone in the other direction the Obama administration would have argued that since the judge dismissed the claim, all future claims would be futile. This is simply not the case now, however.

Following in the footsteps of the Virginia ruling, the State of Florida has also filed suit, not only for the mandate issue, but also for the government's theory of using the Commerce Clause. The state has already dismissed the government's tax power claim.

The Virginia case's ruling should serve as a reminder to the Obama administration that the people have elected their government officials, and have done so by trusting in the powers set forth through the Constitution. This does not mean the people will follow along blindly, or write a blank check for Washington to rule the American public.

This victory is surely to be the first in a very long line of rulings on a state by state basis, that slowly restore power to the people to whom it rightfully belongs.

by: Dominic Lin

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