A federal judge in Richmond today has ruled in favor of Virginia's challenge to the federal health-care law, declaring unconstitutional a key provision -- the mandate that requires nearly every American to purchase insurance or face a penalty.
Attorney General Ken Cuccinelli's office had argued that the individual mandate provision of the Patient Protection and Affordable Care Act violates the Commerce Clause of the U.S. Constitution.
"On careful review, this court must conclude that Section 1501 of the Patient Protection and Affordable Care Act -- specifically the Minimum Essential Coverage Provision -- exceeds the consitutional exercise of congressional power," U.S. District Judge Henry E. Hudson wrote in a 42-page opinion.
"The unchecked expansion of congressional power to the limits suggested by the Minimum Essential Coverage Provision would invite unbridled exercise of federal police powers. At its core, this dispute is not simply about regulating the business of insurance-- or crafting a scheme of universal health insurance coverage -- it's about an individual's right to choose to participate."
“I am gratified we prevailed," Cuccinelli said. "This won’t be the final round, as this will ultimately be decided by the Supreme Court, but today is a critical milestone in the protection of the Constitution.”
Hudson, however, denied Virginia's petition for an injunction against further implementation of the act. States, including Virginia have already begun preparations to implement the new law, portions of which take effect in 2011.
Virginia last year passed a law that prohibits its residents from being compelled to purchase health insurance. The individual mandate provision of the federal law is not scheduled to take effect until 2014.
Cuccinelli argued that a decision not to purchase health insurance cannot be considered commerce that can be regulated under the Commerce Clause, and that Congress overstepped its authority by passing the the act.
Lawyers for the Department of Justice argued that Congress has the right to regulate health care because every American at one time or another will participate in the system. Unpaid medical costs amount to $43 billion a year.
Virginia's lawsuit was the first state challenge to the new health-care legislation. Judges in Michigan and in Virginia have upheld the law against challenges filed by individual groups. A multistate challenge filed by Florida on behalf of at least 20 states is also progressing through the court system.
The federal government is expected to appeal the ruling to the U.S. Court of Appeals for the Fourth Circuit. Either party, however, could opt to petition the U.S. Supreme Court to hear the case directly.
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