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“I applaud the Court for putting the Constitution first….,” Attorney General J.B. Van Hollen
MADISON—Attorney General J.B. Van Hollen released the following statement today relating to the action by the United States District Court in the Eastern District of Virginia:
“The United States District Court in the Eastern District of Virginia has declared unconstitutional portions of the health care act relating to the act's mandate on individuals to purchase government-approved health insurance. The Court's concern is the same as mine: Congress has exceeded its Commerce Clause powers when it passed a law compelling individuals to involuntarily purchase a commodity, or face a penalty. In this case it is insurance. In another it could be a car or another commodity. Such regulation is beyond Congress' lawful powers.
Our federal government is one of limited, enumerated powers. Congress' action here was unprecedented, and as found by the District Court, unconstitutional. While health care reform can be an appropriate object of congressional action, it must be done in a manner consistent with our Constitution. I applaud the Court for putting the Constitution first and congratulate Virginia Attorney General Cuccinelli and his staff on their fine work.
This case is one of many challenging the health care act, and this decision is unlikely to be the final judicial action on the matter. Wisconsin's involvement is as important now as ever. I look forward to receiving authorization from Governor-elect Walker when he takes office to allow Wisconsin to defend the state and its citizens against the federal government's unconstitutional overreach.”