Ruling expected Monday on Virginia health care suit
A federal judge in Virginia will rule on the constitutionality of the nation's sweeping health care overhaul on Monday.
There are 25 suits pending across the country challenging the federal statute. Two federal judges have already ruled that the act is constitutional. Many observers believe that U.S. District Court Judge Henry E. Hudson, who sits in Richmond, may be the first judge to strike down the law.
If he does, he would rule that Congress overstepped its constitutional authority to regulate interstate commerce with a requirement in that law that individuals obtain health insurance by 2014 or pay a fine.
The suit was filed in March by Virginia Attorney Gen. Ken T. Cuccinelli II (R), who said he was defending a new state statute that made it illegal to require individuals to have health insurance. It is separate from a case filed jointly by 20 other states in Florida. A judge will hear oral arguments in that case on Thursday.
Hudson's staff says he is expected to file his ruling on the case midday Monday. His decision will almost certainly be appealed. The constitutionality of the law will ultimately be determined by the U.S. Supreme Court.
Rosalind S. Helderman
| December 10, 2010; 3:41 PM ET
Categories: Ken Cuccinelli, Rosalind Helderman
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