August 2, 2010
Virginia's lawsuit challenging the Obama administration's health care reform law has cleared its first legal hurdle. On Monday, U.S. District Judge Henry Hudson denied the Justice Department's motion to dismiss the lawsuit.
Virginia Attorney General Ken Cuccinelli claims that Congress exceeded its authority under the Constitution's Commerce Clause by requiring citizens to buy health insurance or pay a penalty.
The Virginia General Assembly passed legislation this year exempting state residents from the coverage mandate.
More than a dozen other state attorneys general have filed a separate lawsuit in Florida challenging the federal law, but Virginia's suit is the first to go before a judge.