Virginia health care lawsuit can proceed, judge rules
From CNN's Charles Riley
Washington (CNN) – The Commonwealth of Virginia will be allowed to continue its constitutional challenge to the health care bill signed into law by President Obama earlier this year, a federal trial court ruled Monday.
Judge Henry Hudson ruled in a 32-page opinion that the legal challenge mounted by Virginia State Attorney General Ken Cuccinelli should be allowed to continue. The state argues that part of the health care bill – Section 1501, which requires individuals to obtain a minimum level of health insurance – is unconstitutional.
"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," Hudson wrote in his opinion. "Neither the U.S. Supreme Court nor any circuit court of appeals has squarely addressed this issue."
Cuccinelli voiced his approval of the judge's ruling in a statement issued after the court ruled.
"We are pleased that Judge Hudson agreed that Virginia has the standing to move forward with our suit and that our complaint alleged a valid claim." Cuccinelli said.
From CNN's Charles Riley
Washington (CNN) – The Commonwealth of Virginia will be allowed to continue its constitutional challenge to the health care bill signed into law by President Obama earlier this year, a federal trial court ruled Monday.
Judge Henry Hudson ruled in a 32-page opinion that the legal challenge mounted by Virginia State Attorney General Ken Cuccinelli should be allowed to continue. The state argues that part of the health care bill – Section 1501, which requires individuals to obtain a minimum level of health insurance – is unconstitutional.
"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," Hudson wrote in his opinion. "Neither the U.S. Supreme Court nor any circuit court of appeals has squarely addressed this issue."
Cuccinelli voiced his approval of the judge's ruling in a statement issued after the court ruled.
"We are pleased that Judge Hudson agreed that Virginia has the standing to move forward with our suit and that our complaint alleged a valid claim." Cuccinelli said.