Monday, December 13, 2010

Federal judge strikes down "mandatory insurance" provison of Obama's health care reform (in suit brought by Virginia)

U.S. District Court Judge Henry E. Hudson has ruled, in Richmond, that a portion of the 2010 Patient Protection and Affordable Care Act, requiring individuals to purchase health insurance or else pay penalties if they do not get insurance through work, to be unconstitutional. Jim Nolan has a story in the Richmond Times-Dispatch here.  The Commonwealth of Virginia, under Republican Attorney General Ken Cuccinelli, had sued, claiming that the Commerce Clause did not give Congress the authority to regulate the decision to purchase individual health insurance.

The Obama administration will appeal the ruling to the 4th Circuit in Richmond, generally considered conservative.

Here is the Opinion, in the case Virginia v. Sebelius, link.

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