RICHMOND, Va. (AP) — A federal judge rejected a key provision of the
Obama administration's health care law as unconstitutional Monday,
ruling the government cannot require people to buy insurance, in a
dispute that both sides agree will ultimately be decided by the U.S.
Supreme Court.
U.S. District Judge Henry E. Hudson is the first
federal judge to strike down the law, which has been upheld by two other
federal judges in Virginia and Michigan. Several other lawsuits have
been dismissed and others are pending, including one filed by 20 other
states in Florida.
The government had argued the Commerce Clause
of the Constitution gives the government the power to require
individuals to buy health insurance or face a penalty, a provision due
to take effect in 2014.
But Hudson sided with Virginia Attorney
General Kenneth Cuccinelli in saying the mandate overstepped the
Constitution.
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