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Virginia Judge Finds Obamacare Provision To Be Unconstitutional

December 14, 2010 by  

Virginia judge finds Obamacare provision to be unconstitutionalPresident Barack Obama's landmark healthcare reform has hit its first major setback.

According to media reports, a Federal judge in Virginia has ruled that a key provision in Obamacare is unconstitutional. Judge Henry Hudson of the Eastern District Court in Richmond, who was appointed by former President George W. Bush, found that the law's mandate that all Americans must have a minimum level of coverage — or pay a fine — exceeds Federal authority.

Last month, a Federal judge in Virginia rejected a similar lawsuit that challenged the law's mandate that people must purchase insurance. In October, a judge in Michigan also upheld Obamacare' constitutionality. A district court in Florida is scheduled to hear similar arguments against the law later this week.

The Virginia and Florida cases are expected to wind up in the Supreme Court, according to The Hill.

According to AOL News, the GOP has targeted the repeal of Obamacare as their defining issue in 2011. The next Speaker of the House, John Boehner (R-Ohio) has pledged to replace the President's legislation, while Republicans in 40 different states have already introduced legislation to block all or part of the law. 

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