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    Virginia's ObamaCare Lawsuit Moving Forward

    08/02/2010

    Refusing to bow to federal pressure to dismiss Virginia's health care reform lawsuit, a federal judge agreed that the lawsuit should move forward.  The lawsuit, championed by Virginia Attorney General Ken Cuccinelli, challenges the constitutionality of the individual mandate in ObamaCare.

    U.S. District Court Judge Henry E. Hudson rejected arguments from Obama administration lawyers that Virginia has no standing to sue over the law and no chance of ultimately prevailing in its constitutional claim.

    "While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate -- and tax -- a citizen's decision not to participate in interstate commerce. Neither the U.S. Supreme Court nor any circuit court of appeals has squarely addressed this issue," Hudson wrote in his 32-page opinion.

    Virginia's suit, lodged by Republican Attorney Gen. Ken Cuccinelli II, argues that Congress overstepped its constitutional authority when it included a provision in the law mandating that citizens purchase health insurance by 2014 or pay a fine.

    In anticipation of the sweeping health care "reforms" of the Obama administration, Virginia passed the Healthcare Freedom Act that protects citizens of Virginia from being forced to buy health insurance.  This clear conflict between state and federal law has given Virginia one of the best opportunities to seriously challenge the authority of the federal government to force an individual to buy something.

    The Washington Post blog says that we can expect a full hearing of the arguments in October and a federal judge is still deciding if a similar case brought by 20 states should move forward as well.