Virginia Territory

The change it had to come
We knew it all along
We were liberated from the fold, that's all
--The Who

Within minutes of President Obama's signing of the health care bill back in March, lawsuits challenging its Constitutionality were filed in both Florida and Virginia. The Florida case is a joint filing of 20+ state AGs arguing that the federal government overstepped the bounds of the Commerce Clause.

The Virginia case is different in that it concerns Virginia alone. As explained by state AG Ken Cuccinelli, Virginia passed a statute prior to the federal bill's signing that made it illegal to force Virginia citizens to buy health insurance. Interestingly, the state legislature passed this statute out of session, and it passed with very broad support (the Virginia state lawmaker mix is ~40% Democrats).

In addition to the Commerce Clause issue, then, the Virginia case also pulls in concerns related to the Supremacy Clause and the 10th Amendment.

Yesterday, a Richmond District Court judge heard arguments for summary judgment and indicated that he will rule by December. Rest assured that whatever his decision, however, this one is headed to the high court...

That Virginia has assumed a leadership role in this issue should be no surprise. Since our founding days, Virginia has been the vanguard of suspicion w.r.t. central authority. In fact, Virginia refused to sign the Constitution because of big government concerns. It was not until a Bill of Rights was promised that better elaborated individual and state's rights that Virginia delegates climbed aboard.

Given the trampling of those rights over the last two hundred years, can't help but wonder whether the likes of Jefferson, Henry, Mason, et al might not regret their state's concession. In any event, am certain they'd be plenty proud of Old Dominion's role in challenging the oppressive power of today's federal government.