Login or Register
Welcome , Settings |  Logout

Judge Allows Virginia's Obamacare Challenge to Proceed

Monday, 02 Aug 2010 02:18 PM

 

Share:
More . . .
A    A   |
   Email Us   |
   Print   |
Virginia's lawsuit challenging the Obama administration's healthcare reform law cleared its first legal hurdle Monday as a federal judge ruled the law raises a host of complex constitutional issues.

U.S. District Judge Henry Hudson's decision stemmed from Virginia Attorney General Ken Cuccinelli's claims that Congress exceeded its authority under the Constitution's Commerce Clause by requiring citizens to buy health insurance or pay a penalty.

Hudson's ruling denied the Justice Department's attempt to have the lawsuit dismissed.

"The mere existence of the lawfully-enacted statute is sufficient to trigger the duty of the Attorney General of Virginia to defend the law and the associated sovereign power to enact it," Hudson wrote. "Unquestionably, this regulation radically changes the landscape of health insurance coverage in America."

Cuccinelli announced in March that he would challenge the national law. More than a dozen other state attorneys general have filed a separate lawsuit in Florida challenging the federal law, but Virginia's lawsuit is the first to go before a judge.

Hudson said Virginia's case raises several complex constitutional issues— mainly whether Congress has the right to regulate and tax a person's decision not to participate in interstate commerce.

The Virginia General Assembly passed legislation this year exempting state residents from the federal coverage mandate.

© Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Share:
More . . .
   Email Us   |
   Print   |
Around the Web
Join the Newsmax community.
Register to share your comments with the community. Already a member? Login
Note: Comments from readers do not necessarily reflect the viewpoint of Newsmax Media. While we attempt to review comments, if you see an inappropriate comment you can block it by rolling over the comment, clicking the down arrow and selecting "Flag As Inappropriate."
blog comments powered by Disqus
 
Email:
Country
Zip Code:
 
You May Also Like
Around the Web
 
MONEYNEWS.COM
© Newsmax Media, Inc.
All Rights Reserved