In Virginia, health care is a large topic of debate. Specifically about the federal mandate to purchase health insurance. The Virginia attorney-general, along with many other states' attorneys-general, are suing the federal government to drop the mandate. Virginia's case, however, is unique in the fact that the state passed a bill saying that no citizen can be required to purchase health insurance.
The federal government made a motion to dismiss the lawsuit, however, on August 2 a federal court ruled against it, allowing the state to continue. The federal government says that health insurance is included under the commerce clause, so therefore, they can create a mandate for it. On the other hand, Virginia is arguing that those who do not purchase health insurance are not participating in commerce, and therefore cannot be forced to participate.
This article has very much to do with federalism. It contains a heavy debate between the powers of the national and state governments when dealing with the commerce clause. The result of this debate will depend on how the Constitution is interpreted. If the judiciary believes in a stronger national government, they will most likely expand the commerce clause to include health insurance, favoring the national government. But if the judiciary prefers stronger state governments or a more restricted national government, they may very well take Virginia's side of the argument and dismiss the federal mandate.
In this case, Virginia holds the more valid argument. The national government should not have the power to force citizens to buy health insurance. Not all Americans can afford to buy it. yes, health insurance is a very important thing to have, but it is unconstitutional to force someone to have it. Forcing Americans to buy health insurance would be forcing them to participate in commerce, which is forbidden by law. It would be more understandable with something like auto insurance, which benefits not only the average American, but also anyone who their mistakes while driving affects. However, health insurance would only benefit the individual, not the nation as a whole.
Health Care Law Could Mean End of Federalism If It Is Upheld, Virginia AG Warns
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