Thursday, July 01, 2010
Feds ask for dismissal of Va.'s suit against health care reform
Virginia's challenge is tied to a provision in the health care law which requires individuals to purchase health insurance or pay a penalty to the federal government.
RICHMOND -- The Department of Justice argued this morning that a federal judge should dismiss Virginia’s lawsuit challenging the health care reform act passed by Congress and vigorously defended a signature initiative of President Obama’s administration.
In the first courtroom battle over the massive health care reform act, a deputy to Virginia Attorney General Ken Cuccinelli argued that the federal law collides with a new state statute that protects individuals from being required to purchase health insurance.
U.S. District Judge Henry Hudson presided over a two-hour hearing in a packed Richmond courtroom, peppering lawyers on both sides with pointed questions about the constitutionality of the federal health care law and Virginia’s efforts to combat it. Hudson said he will issue a ruling on the federal government’s dismissal motion within 30 days.
Virginia’s challenge is tied to a provision in the health care law which requires individuals to purchase health insurance or pay a penalty to the federal government.
Deputy U.S. Assistant Attorney General Ian Gershengorn argued that Virginia lacks standing to challenge the “minimum coverage” provision because it applies to individuals and not to the state. Gershengorn also defended the mandate, calling it a necessary step to control skyrocketing health care costs and ensure that uninsured individuals pay for the health care they receive.
Virginia solicitor general Duncan Getchell argued that the health care reform law exceeds the limits of the Constitution’s commerce clause by forcing individuals into the insurance market.
In the first courtroom battle over the massive health care reform act, a deputy to Virginia Attorney General Ken Cuccinelli argued that the federal law collides with a new state statute that protects individuals from being required to purchase health insurance.
U.S. District Judge Henry Hudson presided over a two-hour hearing in a packed Richmond courtroom, peppering lawyers on both sides with pointed questions about the constitutionality of the federal health care law and Virginia’s efforts to combat it. Hudson said he will issue a ruling on the federal government’s dismissal motion within 30 days.
Virginia’s challenge is tied to a provision in the health care law which requires individuals to purchase health insurance or pay a penalty to the federal government.
Deputy U.S. Assistant Attorney General Ian Gershengorn argued that Virginia lacks standing to challenge the “minimum coverage” provision because it applies to individuals and not to the state. Gershengorn also defended the mandate, calling it a necessary step to control skyrocketing health care costs and ensure that uninsured individuals pay for the health care they receive.
Virginia solicitor general Duncan Getchell argued that the health care reform law exceeds the limits of the Constitution’s commerce clause by forcing individuals into the insurance market.
