chernmax
NOT Politically Correct!!
Appeal Blasts “Unprecedented Expansion” of Health Care Law
The latest legal salvo in the judicial fight over the health care reform law was fired Monday when lawyers from Liberty University filed their appeal blasting a Virginia judge's ruling upholding the law and filed just a couple of weeks before another federal judge from Virginia said President Obama's hallmark legislation is unconstitutional.
Echoing the concerns expressed in a couple of dozen lawsuits across the country, Liberty's challenge argues the individual mandate of the Patient Protection and Affordable Care Act violates the Constitution's Commerce Clause that regulates economic activity between the states.
"The irresolvable dilemmas posed by the individual and employer mandates coupled with the unprecedented expansion of the Commerce Clause to forcibly reverse personal decisions to not participate in commerce create real and substantial threats not only to Plaintiffs' constitutional rights, but to the liberty of all Americans," Mathew D. Staver, Dean of Liberty University School of Law, wrote in his brief to the Richmond-based Fourth Circuit U.S. Court of Appeals.
Monday's filing puts the Liberty University case ahead of the other lawsuit working its way to the Fourth Circuit. That case drew national headlines in December when Judge Henry Hudson said the Obama administration and Congress had gone beyond the bounds of the Constitution with its health care reform effort.
Appeal Blasts “Unprecedented Expansion†of Health Care Law - FoxNews.com
The latest legal salvo in the judicial fight over the health care reform law was fired Monday when lawyers from Liberty University filed their appeal blasting a Virginia judge's ruling upholding the law and filed just a couple of weeks before another federal judge from Virginia said President Obama's hallmark legislation is unconstitutional.
Echoing the concerns expressed in a couple of dozen lawsuits across the country, Liberty's challenge argues the individual mandate of the Patient Protection and Affordable Care Act violates the Constitution's Commerce Clause that regulates economic activity between the states.
"The irresolvable dilemmas posed by the individual and employer mandates coupled with the unprecedented expansion of the Commerce Clause to forcibly reverse personal decisions to not participate in commerce create real and substantial threats not only to Plaintiffs' constitutional rights, but to the liberty of all Americans," Mathew D. Staver, Dean of Liberty University School of Law, wrote in his brief to the Richmond-based Fourth Circuit U.S. Court of Appeals.
Monday's filing puts the Liberty University case ahead of the other lawsuit working its way to the Fourth Circuit. That case drew national headlines in December when Judge Henry Hudson said the Obama administration and Congress had gone beyond the bounds of the Constitution with its health care reform effort.
Appeal Blasts “Unprecedented Expansion†of Health Care Law - FoxNews.com