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White House Slams Judge’s Decision in Health Reform Lawsuit

Posted in Health Care, Obama with tags , , , , , , , on August 2, 2010 by saynsumthn

8/2/2010 CBS

White House Slams Judge’s Decision in Health Reform Lawsuit

The White House today hit back against a district judge’s decision to let a lawsuit against President Obama’s health care reforms move forward, arguing that the decision was wrong but nevertheless had minimal significance.

U.S. District Judge Henry Hudson today denied the federal government’s request to dismiss a lawsuit against the health care reform bill filed by Virginia Attorney General Ken Cuccinelli.

Stephanie Cutter, assistant to the president for special projects, pointed out on the White House blog that the judge’s decision does not rule on the merits of Cuccinelli’s claim that the Affordable Care Act is unconstitutional — it merely means the court has jurisdiction to hear further arguments.

“The federal government believes this procedural ruling is in error and conflicts with long-standing and well-established legal precedents,” Cutter wrote, “the types of precedents that, in the words of Chief Justice Roberts, are designed to preserve the ‘judiciary’s proper role in our system of government’ and to ensure that our courts do not become forums for political debates.”

Now that the lawsuit must go forward, however, Cutter wrote that “the government fully expects to prevail on the merits” of its case.

Cuccinelli is suing on the grounds that Congress exceeded its authority under the Constitution’s Commerce Clause by requiring citizens to buy health insurance or pay a penalty. Cutter contends the law falls well within Congress’s power to regulate under the Commerce Clause, the Necessary and Proper Clause and the General Welfare Clause.

Rest here: CBS