Virginia Lawsuit Against Health Care Reform Allowed To Proceed

August 4, 2010

Monday, A Federal District Court judge in Virginia denied a motion to dismiss the complaint challenging the Patient Protection and Affordable Care Act’s requirement that individuals obtain a minimum level of health insurance coverage or pay a penalty.

After a thorough recitation of each sides arguments related to standing and the scope of Federal Authority under the Commerce Clause, the judge determined,

Given the presence of some authority arguably supporting the theory underlying each side’s position, this Court cannot conclude at this stage that the Complaint fails to state a cause of action.

2010 WL 2991385

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