Virginia Obamacare lawsuit clears 1st hurdle

U.S. District Court Judge Henry Hudson ruled that Virginia has standing to sue the government over Obamacare and the individual mandate. This will force the Obama administration to defend the unpopular law in the weeks before Congressional elections.

In Judge Hudson's 32 page ruling he commented "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". Read the whole opinion here.

Virginia's Attorney General Ken Cuccinelli said "This lawsuit is not about health care, it’s about our freedom and about standing up and calling on the federal government to follow the ultimate law of the land – the Constitution. The government cannot draft an unwilling citizen into commerce just so it can regulate him under the Commerce Clause."

Administration Secretary Kathleen Sebelius downplayed the ruling as a "procedural step" and said "We remain confident that the case is solid".

A full hearing is scheduled in Richmond on October 18, two weeks before the Congressional elections on November 2.

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Judge Hudson's 32 page ruling (pdf)