Developing: Judge Rules Virginia's Challenge to Health Care Deform May Proceed Forward

Developing: Judge Rules Virginia's Challenge to Health Care Deform May Proceed Forward doctorbulldog | 2 August, 2010 at 9:43 am | Categories: Health, Justice System, Obama Sucks, politics | URL: http://wp.me/p1NPg-6m2

Good news:

Virginia Judge: The Suit Against the Health Care Law Goes Forward
Ashby Jones - WSJ

This just in: Virginia federal judge Henry Hudson on Monday ruled that he'll let the state of Virginia's challenge to the landmark health care law passed in March go forward, at least for the time being. Click here for the early Reuters story; here for the 32-page opinion.

The Department of Health and Human Services had moved to dismiss the lawsuit, which was filed in March (click here for the complaint), shortly after the passage of the law. But Judge Hudson on Monday denied the motion.

The ruling represents a setback that will force the Obama administration to mount a lengthy legal defense of the law. The suit, filed by Virginia Attorney General Ken Cuccinelli (pictured), alleges that the law's requirement that its residents have health insurance violates the Commerce Clause of the Constitution.

Virginia's lawsuit is one of several trying to undo the health-care law. Another large one was filed in a Florida federal court by a handful of state attorneys general.

In his opinion, Judge Hudson ruled:

The guiding precedent [on the Commerce Clause] is informative but inconclusive. Never before has the Commerce Clause and Necessary and Proper Clause been extended this far. At this juncture, the court is not persuaded that the Secretary has demonstrated a failure to state a cause of action with respect to the Commerce Clause element.

In other words, off to discovery we head.

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