A Richmond, Virginia federal appellate court is destined to be the first one to hear arguments on the Patient Protection and Affordable Care Act, (PPACA) more widely known as ObamaCare named for its originator, President Obama.
FoxNews.com published an article online on May 9, 2011, "Appeals Court Ready to Consider Challenge to Obama Health Law" written by Lee Ross which stated that "for the first time ever the health care overhaul national debate over the law's constitutionality would be one step closer to resolution.
"A couple dozen legal challenges to the controversial law are pending across the country but the 4th Circuit U.S. Court of Appeals in Richmond, Va., will be the first appellate court to hear arguments in a pair of cases. Depending on how quickly the judges issue their rulings -- and the 4th Circuit is well known in legal circles for its speedy ways -- these cases could also become the first to make it to the Supreme Court."
On April 25, 2011, Kenneth Cuccinelli, II, Attorney General of Virginia, announced in his online publication, Cuccinelli Compass, that they had "received word from the Supreme Court regarding our appeal to expedite the Healthcare Case and bypass the 4th Circuit Court of Appeals, and our petition was not granted."
Attorney General Cuccinelli went on to explain that though it was disappointing it was nonetheless expected to be the most likely outcome as the Supreme Court history in these situations "only expedites cases once or twice in a decade." Cuccinelli still has hopes for an early ruling saying,
"It is still likely that our case will be decided by the Supreme Court by June of 2012 given our current track. It is just as true now as ever that the logical end point for this case is the Supreme Court. If we lose in the 4th Circuit, we will appeal directly to the Supreme Court; however, if we win in the 4th Circuit, I expect the Obama administration to continue its attempts to drag out the case by asking the entire 4th Circuit to rehear the case - called an en banc review. That course would add a few additional months to our case, but still probably leave the Supreme Court finally deciding the case by June of 2012."
As Lee Ross outlined in the FoxNews.com story cited above, there are a "couple dozen legal challenges to this controversial law" pending in various levels of courts throughout the country, none of which seem to be lighting any fires in anyone's haunches, but the principal attention getter has been the one brought by Kenneth Cuccinelli, the Virginia Attorney General who makes the argument that the law requiring individuals to buy private insurance or be part of a government program is unconstitutional.
District Court Judge Henry Hudson ruled in December 2010 that the "individual mandate" was an unchecked expansion of congressional power. Writer Lee Ross points out that Judge Hudson is a federal judge for the United States District Court for the Eastern District of Virginia whose December ruling sparked national headlines and put the White House on the defensive.
Ross also explains that the 4th Circuit U.S. Court of Appeals in Richmond, Va., will be the first appellate court to hear arguments in this case. Depending on how quickly the judges issue their rulings -- and the 4th Circuit is well known in legal circles for its speedy ways -- this case could also become the first of the many in contention against the PPACA, or ObamaCare, to make it to the Supreme Court.
In Hudson's ruling in December he stressed as part of his findings that the core of the dispute was about an individual's right to choose to participate; while in January of 2011 Ross explains that another high-profile case from Florida fully invalidated the entire ObamaCare package. It's an outcome Cuccinelli would like to see in his case now before the 4th Circuit.
Ross also quotes Virginia Solicitor General Duncan Getchell who wrote in court filing on behalf of Cuccinelli and the Commonwealth "It is as obvious as any such matter can ever be that (the federal law) would not have been enacted without the unconstitutional mandate and penalty...(it) should have been declared unconstitutional in its entirety,"
For our part in this challenge against unjust actions by our Administration and a corrupt legislature under the total control of socialist liberal Democrats at the time, what we have to do is believe that there still exists enough honest and faithful to our Constitution judges that will not decide based on political whims alone, but what is consistent with the words of our Founding Fathers as laid down in our abiding and enduring United States Constitution.
Gerald A. “Jerry” McConnell, 92, of Hampton, died Sunday, February 19, 2017, at the Merrimack Valley Hospice House in Haverhill, Mass., surrounded by his loved ones. He was born May 27, 1924 in Altoona, Pa., the fifth son of the late John E. and Grace (Fletcher) McConnell.
Jerry served ten years with the US Marine Corps and participated in the landing against Japanese Army on Guadalcanal and another ten years with the US Air Force. After moving to Hampton in 1957 he started his community activities serving in many capacities.
He shared 72 years of marriage with his wife Betty P. (Hamilton) McConnell. In addition to his wife, family members include nieces and nephews.
