Virginia Lawsuit Against Health Care Reform Moves Ahead
Christopher Weber
Correspondent
Posted:
08/2/10
A federal judge in Virginia said Monday he will allow the state to proceed with its legal challenge to President Obama's health care reform initiative, which passed in March after a long and contentious process.
The Department of Health and Human Services had asked the court to dismiss Virginia's lawsuit, but Judge Henry Hudson denied the motion. His decision means the White House will be forced to mount a lengthy legal defense of the health care overhaul, Reuters reported.
State Attorney General Ken Cuccinelli argued that the law's requirement that Virginians have health insurance violates the "commerce clause" of the Constitution. The judge found that Cuccinelli's argument was strong enough to allow the case to
proceed to the process of discovery.
Cucinelli argues on his website that "buying health insurance can be said to be an act in commerce. However, if someone doesn't buy insurance, they are by definition not engaging in commerce. This legislation greatly oversteps the Commerce Clause."
The Department of Health and Human Services had asked the court to dismiss Virginia's lawsuit, but Judge Henry Hudson denied the motion. His decision means the White House will be forced to mount a lengthy legal defense of the health care overhaul, Reuters reported.
State Attorney General Ken Cuccinelli argued that the law's requirement that Virginians have health insurance violates the "commerce clause" of the Constitution. The judge found that Cuccinelli's argument was strong enough to allow the case to
proceed to the process of discovery.Cucinelli argues on his website that "buying health insurance can be said to be an act in commerce. However, if someone doesn't buy insurance, they are by definition not engaging in commerce. This legislation greatly oversteps the Commerce Clause."
The Virginia suit is one of at least a dozen trying to overturn the law intended to overhaul the nation's $2.5 trillion health care system.
HHS Secretary Kathleen Sebelius minimized the importance of the judge's decision, calling it just a "procedural step," according to the Associated Press.
The ruling "just means there will be a full hearing on the arguments. We remain confident that the case is solid and there is full constitutional backing for the passing of the Affordable Care Act," she said.