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View Full Version : Judge lets Virginia healthcare challenge proceed



BoogyMan
08-02-2010, 07:55 PM
I think we all knew this was coming.



Link (http://news.yahoo.com/s/nm/20100802/pl_nm/us_usa_healthcare_virginia)

WASHINGTON (Reuters) – A U.S. judge ruled on Monday that the state of Virginia could proceed with its challenge to President Barack Obama's landmark healthcare law, a setback that will force the White House to defend its reforms in the middle of a tough congressional election campaign.

In the opening salvo of the legal fight, U.S. District Judge Henry Hudson refused to dismiss the state's lawsuit, which argued the requirement that its residents must have health insurance is unconstitutional and conflicts with state law.

Hudson, who noted that his ruling was only an initial step, decided the issue the state raised -- whether forcing residents to buy something, namely healthcare, is constitutional -- had not been fully tested in court and was ripe for review.

"The congressional enactment under review -- the Minimum Essential Coverage Provision -- literally forges new ground and extends (the U.S. Constitution's) Commerce Clause powers beyond its current high watermark," Hudson said in a 32-page ruling.

.: Read the rest of this article :. (http://news.yahoo.com/s/nm/20100802/pl_nm/us_usa_healthcare_virginia)