- Mar 18, 2009
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- Political Leaning
updated 6 minutes ago
WASHINGTON — Virginia's lawsuit challenging the Obama administration's health care reform law cleared its first legal hurdle Monday as a federal judge ruled the law raises a host of complex constitutional issues.
U.S. District Judge Henry Hudson's decision stemmed from Virginia Attorney General Ken Cuccinelli's claims that Congress exceeded its authority under the Constitution's Commerce Clause by requiring citizens to buy health insurance or pay a penalty.
Hudson's ruling denied the Justice Department's attempt to have the lawsuit dismissed, saying further hearings must take place before he can weigh the merits of the case. An Oct. 18 hearing had previously been set in the case.
"Unquestionably, this regulation radically changes the landscape of health insurance coverage in America," Hudson wrote in his 32-page decision.
The Virginia General Assembly passed legislation this year exempting state residents from the federal coverage mandate. Hudson wrote that the attorney general had a right to defend that state law.
Judge won't dismiss Va. challenge to health care law - Politics - msnbc.com
The first out of more than a dozen.