Virginia Attorney Gen. Ken Cuccinelli II (R) will argue that Congress overstepped its constitutional authority by enacting a provision that requires individuals to purchase health insurance by 2014 or pay a fine. Lawyers for President Obama will tell the judge that the individual insurance mandate falls within Congress' constitutional authority to regulate interstate commerce.
The lawsuit is one of more than 15 filed across the country challenging the health-care law and one of two state-level attempts to kill the law in the courts. A separate suit filed jointly by 20 states in Florida is moving somewhat more slowly through the court system. A judge ruled Friday that the Florida suit can proceed to trial.