Virginia Health Care Lawsuit Reaches Court

Yesterday, all laws passed during this year’s General Assembly session took effect, including one that states that Virginians cannot be required to purchase health insurance.

Attorney General Ken Cuccinelli filed suit against the federal government minutes after the passage of the health care reform package. He says the bill not only violates the new Virginia law, but also the Commerce clause of the U.S. constitution.

U.S. District Judge Henry Hudson said yesterday he will take 30 days to review the Obama administration’s request.

David Mills, Chairman of the Democratic Party of Virginia, calls Cuccinelli’s lawsuit a waste of taxpayer time and money.

Mills:  We’re expecting in the next 30 days this lawsuit's gonna be dismissed. We’ve had a really hard time finding a member of the bar in Virginia who feels like this lawsuit has merit.

Should Judge Hudson dismiss the case, Cuccinelli says he will appeal to the fourth circuit, and should they not rule in his favor, he will appeal to the U.S. Supreme Court.  If Judge Hudson declines to dismiss the case, the lawyers will begin their arguments October 18th.

Craig Carper, WCVE News, Capitol Square