Health Care Victory in VA

There's been an important decision by a federal court in Virginia clearing the way for the Commonwealth of Virginia's lawsuit challenging the health care law to move forward.

U.S. District Court Judge Henry E. Hudson rejected arguments from the Obama Administration that Virginia has no standing to sue over the law and refused to dismiss Virginia's lawsuit.

As you recall, we have filed an amicus brief supporting Virginia's lawsuit.  You can read that here.  We also have filed our direct challenge to the health care law representing specific plaintiffs.  That lawsuit was filed in federal court in Washington, D.C. and you can read our complaint here.

The judge's ruling in Virginia is really a significant victory because the Obama Administration was hoping to sidestep that suit by getting it dismissed.  The fact is now the Obama Administration will have to address key legal concerns about the health care law.

Concerning the merits of the Virginia case, the court summarized its reasons for denying the motion to dismiss by stating,

[w]hile 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 regulateand taxa citizens decision not to participate in interstate commerce. Neither the U.S. Supreme Court nor any circuit court of appeals has squarely addressed this issue. No reported case from any federal appellate court has extended the Commerce Clause or Tax Clause to include the regulation of a persons decision not to purchase a product, notwithstanding its effect on interstate commerce. Given the presence of some authority arguably supporting the theory underlying each sides position, this Court cannot conclude at this stage that the Complaint fails to state a cause of action.

You can read a summary of the court's decision in the Virginia case here.

We are engaging this issue and it remains a top area of concern.  We will keep you posted as this issue develops.