Judge OKs Health Care Reform Lawsuit

Says Virginia AG's position on law has merit
By Kevin Spak,  Newser Staff
Posted Aug 2, 2010 12:42 PM CDT
In this Monday Nov. 2 2009 file photo, Virginia Attorney General Ken Cuccinelli holds a broom for some reason during a rally in Richmond, Va.   (AP Photo/Steve Helber, File)

(Newser) – Virginia’s attempt to kill the health care reform law in court can go ahead, a judge ruled today. The lawsuit is one of several arguing that the law is unconstitutional. The government had moved to dismiss the suit as groundless, but a US District Court Judge said he couldn’t do that, because “some authority” supported each side’s position, the Richmond Times-Dispatch reports.

“This case raises a host of complex constitutional issues,” the judge said, which “all seem to distill to the single question of whether or not Congress has the power to regulate—and tax—a citizen’s decision not to participate in interstate commerce.” The lawsuit was brought by Virginia Attorney General Ken Cuccinelli, who you might remember from his attempt to cover the breast on the Virginia state seal.

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