A federal judge in Virginia has declined to dismiss a challenge to the president's health care overhaul, writing that each side should have an opportunity to fully make its case. "While this case raises a host of complex constitutional issues, 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. Neither the U.S. Supreme Court nor any circuit court of appeals has squarely addressed this issue," he wrote.
August 03, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A federal judge in Virginia has declined to dismiss a challenge to President Barack Obama’s health care overhaul, writing that each side should have an opportunity to make its case fully.
U.S. District Judge Henry Hudson of the Eastern District of Virginia issued the 32-page ruling Monday. His opinion denies a motion by U.S. Justice Department lawyers to toss the lawsuit, which was brought in March by Republican Virginia Attorney General Kenneth Cuccinelli II.
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