RUH RO United States Court of Appeals for the Fourth Circuit made a boo boo

RUH RO United States Court of Appeals for the Fourth Circuit made a boo boo

The United States Court of Appeals for the Fourth Circuit  made a decision that said the Commonwealth of Virginia has no standing in a case against implementing Obamacare.    But the thing is they made an egregious error on their decision.


The federal appellate court held last week it could not reach the merits of this constitutional claim because Virginia lacked standing to assert it. The court’s reasoning was the federal individual mandate was already a law when the Virginia statute was passed, so the state statute amounted to nothing more than a political attack on it – a statement of “generalized grievances” about it.

But the Virginia Law was signed before Obama signed Obamacare into law:

In reality, the Virginia law was signed by Gov. McDonnell and codified on March 10, 2010. The “ceremonial” signing was held on March 24, 2010. So rather than a Virginia law seeking to invalidate an existing federal law, it was the other way around. It was a federal law seeking to invalidate an existing Virginia law.


This puts their whole ruling into question.   Read the whole story from Heartland

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Owner of Stix Blog. Doug has been blogging for over 10 years, and can always be found on twitter. and the resident Code Monkey for The TMR Network

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