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Posted at 3:41 PM ET, 12/10/2010

Ruling expected Monday on Virginia health care suit

By Rosalind S. Helderman
Rosalind S. Helderman

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.

By Rosalind S. Helderman  | December 10, 2010; 3:41 PM ET
Categories:  Ken Cuccinelli, Rosalind Helderman  
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Comments

OK, Ken the kook, if you don't like the Obama Health care, then what's your alternative? It can't be where we are now. So, be damned careful about stopping something, when you don't have any other alternative. You are an idiot!!!

Posted by: kinsman_bob | December 10, 2010 6:45 PM | Report abuse

You guys should stop complaining because, one the health care we have now isnt as good as it was supposed to be. also the law has just been signed so give it some time. so if u want to say u have the right to choose tell that to ur congress men or state official. If you do not have insurance and need one You can find full medical coverage at the lowest price check http://ow.ly/3akSX .If you have health insurance and do not care about cost just be happy about it and trust me you are not going to loose anything!

Posted by: dionflowers | December 11, 2010 3:26 AM | Report abuse

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