Today, Judge Henry Hudson of the United States District Court for the Eastern District of Virginia denied the federal government’s motion to dismiss Virginia’s challenge to the constitutionality of the mandatory health insurance purchase requirement in the federal Patient Protection and Affordable Care Act.
“I applaud today’s decision allowing Virginia’s constitutional challenge to the Patient Protection and Affordable Care Act to move forward,” said Virginia Governor Bob McDonnell is response to the ruling. ” Attorney General Ken Cuccinelli has brought forward a specific and narrowly tailored objection to the Act. It warrants a full and thorough hearing in our courts. It is meritorious and constitutionally correct. The requirement that all Americans must purchase health insurance or face a penalty is not permitted under the Commerce Clause of the United States Constitution. It would also violate Virginia’s Health Care Freedom Act, which was passed by a bipartisan majority of the Commonwealth’s democratically elected representatives and I signed into law this spring. I congratulate Attorney General Cuccinelli for today’s positive outcome. I look forward to the full hearing this fall.”