Image

10:09 AM / Tuesday August 4, 2020

19 Dec 2010

Judge in Va. strikes down federal health care law

  • Facebook
  • Twitter
December 19, 2010 Category: Week In Review Posted by:

By Larry O’Dell

associated press

 

RICHMOND, Va. – A federal judge declared the Obama administration’s health care law unconstitutional Monday, siding with Virginia’s attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court.

 

U.S. District Judge Henry E. Hudson is the first federal judge to strike down the law, which has been upheld by two others in Virginia and Michigan. Several other lawsuits have been dismissed and others are pending, including one filed by 20 other states in Florida.

 

Virginia Republican Attorney General Kenneth Cuccinelli filed a separate lawsuit in defense of a new state law that prohibits the government from forcing state residents to buy health insurance. However, the key issue was his claim that the federal law’s requirement that citizens buy health insurance or pay a penalty is unconstitutional.

 

Hudson, a Republican who was appointed by President George W. Bush, sounded sympathetic to the state’s case when he heard oral arguments in October, and the White House expected to lose this round.

 

Administration officials told reporters last week that a negative ruling would have virtually no impact on the law’s implementation, noting that its two major provisions — the coverage mandate and the creation of new insurance markets — don’t take effect until 2014.

 

Image

The central issue in Virginia’s lawsuit was whether the federal government has the power under the constitution to impose the insurance requirement. The Justice Department said the mandate is a proper exercise of the government’s authority under the Commerce Clause.

 

Cuccinelli argued that while the government can regulate economic activity that substantially affects interstate commerce, the decision not to buy insurance amounts to economic inactivity that is beyond the government’s reach.

  • Facebook
  • Twitter

Leave a Comment

Recent News

Sun Report

Police agencies pulling out of Democratic convention

July 31, 2020

Tweet Share Pin Email MILWAUKEE (AP) — More than 100 police agencies are withdrawing from agreements to...

Entertainment

Toronto sets lineup, Regina King to debut Muhammad Ali film

July 31, 2020

Tweet Share Pin Email ABOVE PHOTO: Actor-director Werner Herzog, left, and actress-director Regina King. The Toronto International...

Stateside

NAACP Kicks Off 111th Annual Convention with Arts, Culture & Entertainment Festival

August 3, 2020

Tweet Share Pin Email Washington, D.C. – The NAACP will kick off its 111th Annual Convention on Monday,...

Commentary

A Millennial Voice: Vital Tonics

July 31, 2020

Tweet Share Pin Email By Danaé Reid To the naked eye, Natalie Bustamante looks like your ordinary,...

Seniors

How self-determination is changing elderly and disability care in the age of COVID-19

July 31, 2020

Tweet Share Pin Email BPT The threat of COVID-19 in nursing homes and assisted living facilities has...

Go With The-Flo

Cuba Gooding Jr. catches the Gov. Cuomo’s ire after being photographed with his mask down at charity event

July 31, 2020

Tweet Share Pin Email ABOVE PHOTO: Cuba Gooding Jr. (Photo: Denis Makarenko / Shutterstock) By Florence Anthony...

The Philadelphia Sunday Sun Staff