Friday, August 6, 2010

Virginia judge refuses to dismiss state’s lawsuit against health reform

On August 2, U.S. District Court Judge Henry Hudson denied a motion submitted by the Obama administration to dismiss a Virginia lawsuit that claims the individual mandate in the federal health reform law is unconstitutional.

Filed by Virginia Attorney General Ken Cuccinelli on March 23, the lawsuit argued that Congress exceeded its power to regulate interstate commerce in the new legislation and that the individual mandate requiring individuals to obtain health coverage or pay a penalty violates the Constitution’s 10th Amendment.

Hudson’s ruling means that the suit will move forward to a hearing scheduled for October 18. While the ruling has no direct impact on a larger challenge filed by 20 states in Florida, it may be indicative of how similar suits will be handled.

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