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Judge: VA’s healthcare reform challenge can continue

Richmond Times-Dispatch, August 4, 2010

Virginia Attorney General Ken Cuccinelli's legal challenge to President Barack Obama's national healthcare overhaul can continue, a federal judge ruled today. U.S. District Court Judge Henry E. Hudson denied a motion brought by lawyers for the administration to dismiss the lawsuit, filed by Virginia in March, a day after Obama signed into law federal health legislation. "While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate -- and tax -- a citizen's decision not to participate in interstate commerce," wrote Hudson in his 32-page memorandum. "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," he wrote. Hudson said the case cannot be resolved without a further hearing on the merits.