The Virginia Decision

Floor Speech

Date: Dec. 15, 2010
Location: Washington, DC

Mr. COURTNEY. Madam Speaker, Virginia Judge Henry Hudson's decision 2 days ago striking down one section of the Health Care Reform Act was about a lot less than all the noise in the last 24 hours. Despite the Virginia Attorney General's request, Judge Hudson did not strike down the whole law, and despite Virginia's request, he refused to delay its implementation.

That is good news for millions of young Americans now covered under their parents' health plans due to the health care law's age 26 dependent coverage, good news for millions of seniors in the Medicare doughnut hole who will get a 50 percent discount on life-saving medication, and good news for seniors for whom Medicare will finally cover checkups, cancer screenings and flu vaccinations.

Unfortunately, Hudson did rule against the law's system of shared responsibility for all Americans to have coverage, which would stabilize a health insurance market that has been collapsing for the last 10 years and would provide access to Americans with preexisting conditions. Fortunately, two other judges have ruled the other way, upholding the Nation's need for a stable insurance market in interstate commerce.

One thing Hudson did get right in his decision was his conclusion where he said, ``The final word will reside with a higher court.''

Thank goodness.


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