In the first substantive legal ruling on President Barack Obama’s health care reform law, a federal judge has rejected the Justice Department’s request to dismiss a lawsuit from Virginia’s state government challenging the reform’s requirement that individuals purchase health insurance.
U.S. District Court Judge Henry Hudson ruled that enough factual issues were in dispute in the case to allow the suit, brought by Virginia Attorney General Ken Cuccinelli, to go forward. At issue is whether the insurance mandate included in the reform exceeds the federal government’s authority under the Constitution — in particular, whether Congress’s ability to regulate commerce allows the federal government to penalize those who decline to buy health insurance...
“Unquestionably, this regulation radically changes the landscape of health insurance coverage in America,” Hudson wrote in a 32-page decision filed Monday morning. “Never before has the Commerce Clause … been extended this far.”
Hudson said there was no clear legal precedent allowing the federal government to impose such a rule, even under Congress’s power to require individuals to pay taxes. However, he also conceded there was no clear precedent to the contrary.
It's going to get very interesting.
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