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| Home Front: Politix |
| Judge greenlights health reform suit |
| 2010-08-02 |
| In the first substantive legal ruling on President Barack Obamas health care reform law, a federal judge has rejected the Justice Departments request to dismiss a lawsuit from Virginias state government challenging the reforms 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 against the health care reform law, Obamas signature legislative accomplishment. At issue is whether the insurance mandate included in the reform exceeds the federal governments authority under the Constitution -- in particular, whether Congresss ability to regulate commerce allows the federal government to penalize those who decline to buy health insurance. The lawsuit is also based in part on a law passed in that state in March seeking to bar the federal government from imposing any mandate to purchase 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 Congresss power to require individuals to pay taxes. However, he also conceded there was no clear precedent to the contrary. |
| Posted by:Beavis |