Judge Moves Forward Virginia Lawsuit over Health Care Reform

August 2, 2010 (PLANSPONSOR.com) - A federal judge Monday refused to dismiss a Virginia lawsuit challenging the constitutionality of the federal health care law.

The Washington Post reports that U.S. District Court Judge Henry E. Hudson of the U.S. District Court for the Eastern District of Virginia rejected arguments from Obama administration lawyers that Virginia has no standing to sue over the law and no chance of ultimately prevailing in its constitutional claim (see Govt. Argues for Dismissal of VA Health Reform Suit).   

The suit was filed by Virginia Attorney General Ken Cuccinelli in U.S. District Court in Richmond shortly after the reform law was enacted, and argues that the requirement that people buy health coverage or pay a fee is unconstitutional.  State officials say the state has the right to sue to defend a Virginia law pass before the health care reform was enacted exempting residents from the federal law’s health coverage mandate.  

A full hearing on the legal arguments in the case is set for October.