12/15/2010 Virginia Update & Holiday Message
We at the Fund for Personal Liberty wish to thank everyone who has helped make this year a success. The Medicare Lawsuit has a long road ahead and we are grateful for all of our subscribers, donors, journalists, and leaders in the freedom movement who are following and nurturing the progress of the lawsuit.
We are also grateful for the efforts of others around the country who are working on health freedom. See below for the great news from Virginia.
Earlier this year, our best known co-plaintiff, former Speaker of the House, Dick Armey, recorded a brief message for our supporters that I would like to share with you now.
Message from Co-Plaintiff Dick Armey:
Yes, Virginia … Great News!
Associate Press News: “Judge in VA strikes down federal health care law.”
CATO Institute ~ INDIVIDUAL MANDATE RULED UNCONSTITUTIONAL – A federal judge in Virginia on Monday ruled that the individual mandate component of the massive health care overhaul is unconstitutional. Comments Cato scholar Michael F. Cannon, “This ruling threatens not just the individual mandate, but the entire edifice of ObamaCare.” Adds Ilya Shapiro, “We have come far from the days when pundits dismissed the lawsuits challenging the new health care law as frivolous political gimmicks. …Today is a good day for liberty.”
- “U.S. Can’t Force People to Buy Stuff,” by Ilya Shapiro
- “Federal Court Declares ObamaCare’s Individual Mandate Unconstitutional,” by Michael F. Cannon
- “ObamaCare Comes Up against the Constitution,” by Roger Pilon
- Cato’s Amicus Brief
Landmark Legal Foundation Landmark Legal Foundation also celebrated the decision, having filed several amicus briefs.
- Press Release~ “Today Judge Hudson ruled against the Obama Administration on three essential points involving ObamaCare: 1. Individuals who do not actively participate in commerce — that is, who do not voluntarily purchase health insurance — cannot be said to be participating in commerce under the United State Constitution’s Commerce Clause, and there is no Supreme Court precedent providing otherwise; 2. The Necessary and Proper Clause of the Constitution cannot be used as a backdoor means to enforce a statute that is not otherwise constitutional under Congress’s enumerated powers; and 3. There is a difference between a tax and a penalty, there is much Supreme Court precedent in this regard, and the penalty provision in ObamaCare is not a tax but a penalty and, therefore, is unconstitutional for it is applied to individuals who choose not to purchase health care.”
- Landmark’s Amicus Brief