Virginia’s Challenge Of Healthcare Reform Law Moves Forward


Virginia's challenge of healthcare reform law moves forward Critics of Federal healthcare reform won a small battle in Virginia on Monday when a United States District Court judge refused to dismiss a lawsuit that challenges the constitutionality of the recently passed measure.

The lawsuit—which was filed by Virginia Attorney General Ken Cuccinelli soon after Congress passed the legislation—argues that the Federal government does not have the authority to require Americans to pay a penalty if they refuse to purchase health insurance, according to The Associated Press (AP).

In his ruling, Judge Henry Hudson dismissed the Obama administration’s attempt to squash the lawsuit, suggesting that the law may violate the Commerce Clause of the Constitution.

"Unquestionably, this regulation radically changes the landscape of health insurance coverage in America," Hudson wrote in his 32-page ruling.

"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," he added.

Hudson’s ruling suggests that the Obama administration may be in for several long and expensive legal battles, as Virginia is one of many states to file a lawsuit against the Federal government after healthcare reform legislation was passed.

A second hearing on the case has been tentatively scheduled for later this year.

Personal Liberty

Special To Personal Liberty

You Sound Off! is written by our readers and appears the last Wednesday of each month. If you would like to submit an article or letter to the editor for consideration for You Sound Off!, send it to by the Friday before the last Wednesday of the month. To be considered, a submission should be 750 words or less and must include the writer's name, address and a telephone number. Only the writer's name will be published. Anonymous submissions will not be considered.

Join the Discussion

Comment Policy: We encourage an open discussion with a wide range of viewpoints, even extreme ones, but we will not tolerate racism, profanity or slanderous comments toward the author(s) or comment participants. Make your case passionately, but civilly. Please don't stoop to name calling. We use filters for spam protection. If your comment does not appear, it is likely because it violates the above policy or contains links or language typical of spam. We reserve the right to remove comments at our discretion.