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VA judge strikes down key part of Obama health care law . . .,0,7880541.story

A federal judge in Virginia has found a key provision of the healthcare law unconstitutional, the first such ruling on President Obama's landmark reform. Judge Henry E. Hudson of the Eastern District Court in Richmond, appointed by President George W. Bush, ruled that the law's mandate that all Americans have a minimum level of coverage, or pay a fine if they do not, exceeds federal authority. Virginia's Republican attorney general, Ken Cuccinelli, challenged the law by rejecting the federal government's view that the mandate is enforceable under the Commerce Clause of the Constitution. The state was seeking an injunction against the entire healthcare act if the mandate was found unconstitutional.

How long do you think it will be before this case hits the Supreme Court?



Asked by tinamatt at 12:34 PM on Dec. 13, 2010 in Politics & Current Events

Level 26 (27,323 Credits)
This question is closed.
Answers (35)
  • happyIt's begining to look alot like Christmas..laa la la la laaaaaaaaa


    Answer by tnmomofive at 12:53 PM on Dec. 13, 2010

  • Yes, VA, there IS a Santa clause


    Answer by jewjewbee at 1:05 PM on Dec. 13, 2010

  • dancingclapping


    Answer by lovinangels at 12:38 PM on Dec. 13, 2010

  • Not surprising that it will go on to the Supreme Court. The Dems would never let this stand. I predict when all is said and done it will be held unconstitutional in a 5-4 vote.

    Answer by itsmesteph11 at 12:38 PM on Dec. 13, 2010

  • It IS unconstitutional no matter what is decided it would not change that fact.

    Answer by tnmomofive at 1:14 PM on Dec. 13, 2010

  • why is something acceptable at state level considered so onerous when it comes from the federal level?

    Because the constitution prevents the federal government for setting rules like this for states - it's beyond their scope. The ONLY thing the fed is supposed to do is handle foreign relations, defense and interstate commerce. This falls under none of those category.

    Answer by NotPanicking at 1:38 PM on Dec. 13, 2010

  • Christmas is coming early..................

    Answer by SavageGrl at 5:29 PM on Dec. 13, 2010

  • Yay! Glad to hear it, I hope that it does go to the supreme court and that they rule that it is unconstutionial since I sincerely believe it is, and that they are able to throw out the whole darn thing.

    Answer by -LovingMamma- at 1:25 PM on Dec. 13, 2010

  • Throw it out and start over? Well, that works for me but it's already law so that isn't going to happen. I don't see any reason to go through the lower courts because nothing ruled in State court will stand. It's going to be appealed all the way to the Supreme court so why wast time and money? It's dead when it does because there are still more right leaning than left on the Supreme court. As usual it will go 5-4 against the law.

    Answer by itsmesteph11 at 3:20 PM on Dec. 13, 2010

  • Gotta love that revisionist history.

    Sweet loves that type of history.

    Answer by Carpy at 3:54 PM on Dec. 13, 2010