Federal Judge in Va. Strikes Down Provision in Health Care Law
A U.S. District Court judge in Virginia struck down the centerpiece of President Obama’s health care law, saying that the requirement that all Americans have health insurance coverage “exceeds the constitutional boundaries of congressional power.” Judge Henry E. Hudson’s ruling was the result of a case filed by the Commonwealth of Virginia against the federal government.
Hudson’s decision is the first to find the individual mandate unconstitutional. His decision is expected to be appealed to the 4th U.S. Circuit in Richmond, Va., which will likely take a year. The case, which was originally filed by Virginia Attorney General Ken Cuccinelli, will likely wind up in the U.S. Supreme Court. It will take two years for it to reach the Supreme Court unless the case is expedited.
Previously, 14 other cases have been filed against the health care law, but they have been dismissed by district court judges for various reasons. While some have been appealed or are expected to be appealed, others have yet to be heard.
Hudson struck down the individual mandate, but left the rest of the law intact. Hudson also ruled that the implementation of the law should continue uninterrupted.
