VA Suit Will Continue

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News Article

August 2, 2010

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Just after President Obama signed the Patient Protection and Affordable Care Act (ACA) on March 23, 2010, Virginia Attorney General, Kenneth Cuccinelli, filed a lawsuit alleging ACA exceeds Congress' Constitutional authority by mandating that individuals buy health insurance.

On July 1, 2010, U.S. District Judge Henry E. Hudson heard both Cuccinelli's and the Justice Department's preliminary arguments related to whether Virginia had a right to sue. The Justice Department challenged Virginia's right to sue arguing that because the individual health insurance mandate would not be effective until 2014, no one has yet suffered any injury. Cuccinelli countered that because conflict was inevitable, the suit should proceed.

On August 2, 2010, Judge Hudson held that Virginia has a right to sue as the case rasies the constitutional question of whether Congress has the power to regulate and tax a citizen’s decision not to participate in interstate commerce. Judge Hudson has not ruled on the case's merits.

The procedural ruling allows the case to proceed to a full hearing on the constitutionality of the ACA. Ultimately, both sides believe that the case will be decided by the U.S. Supreme Court.

Click here to read a Bloomberg article regarding the ruling.

Click here to read a New England Journal of Medicine article regarding the individual mandate

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