Second Judge Shuts Down Challenge to Obamacare
Conservative Christian university will appeal the ruling
By Newser Editors and Wire Services
Posted Dec 1, 2010 6:33 AM CST
A judge has turned down the second challenge to Obamacare.   (Shutter Stock)

(Newser) – A federal judge yesterday dismissed Liberty University's lawsuit challenging the Obama administration's new federal health care law, declaring that a provision requiring most individuals to obtain insurance is constitutional. The ruling is the second court decision upholding the law, following one in Michigan in October. University law school dean Mathew Staver said in a telephone interview that he will promptly appeal the ruling to the 4th US Circuit Court of Appeals in Richmond.

Liberty, a conservative Christian university founded by the Rev. Jerry Falwell, claimed in its suit that the requirement that individuals buy health insurance or pay a penalty is not a proper exercise of congressional authority under the Constitution's Commerce Clause. The judge disagreed, writing in his 53-page opinion that "there is a rational basis for Congress to conclude that individuals' decisions about how and when to pay for health care are activities that in the aggregate substantially affect the interstate health care market." A separate challenge by Virginia AG Ken Cuccinelli is pending in Richmond.

 

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