Judge Permits Virginia Health Care Law Challenge to Continue
U.S. District Court Judge Henry Hudson is allowing a health care suit filed by the state of Virginia against the U.S. government to proceed, saying no court has ever ruled on whether it's constitutional to require Americans to purchase a product. fox news
The state of Virginia can continue its lawsuit to stop the nation's new health care law from taking effect, a federal judge ruled Monday. ..............................>>>>.........................>>>>.........................http://www.foxnews.com/politic.....nue/?test=latestnews
20 states defend suit challenging Obama health care law Business leader says government cannot force people to buy insurance
By JENNIFER KAY
updated 8/6/2010 2:37:06 AM ET
PENSACOLA, Fla. — Twenty states and the nation's most influential small business lobby plan to file their response Friday to the government's attempt to dismiss their lawsuit challenging President Barack Obama's health care overhaul. The Justice Department in June asked a federal judge to dismiss the lawsuit, saying the U.S. District Court in Pensacola lacks subject-matter jurisdiction over some of the lawsuit's claims. They also said other parts of the lawsuit failed to state claims upon which relief can be granted. The states, the National Federation of Independent Business and several individual taxpayers will file their response in Pensacola federal court. Mandatory insurance at issue A key issue raised by their lawsuit is whether the federal government can require individuals to purchase health care insurance and fine those who don't. The court must hear the case to preserve individual liberties granted through the Constitution, said Karen Harned, executive director of the Small Business Legal Center of the National Federation of Independent Business. "The federal government does not have the authority to regulate an individual's decision to do nothing. If they did, then they could force us to purchase any product they want," she said. In a statement, Harned said the government's motion to dismiss was based on "political rhetoric and flimsy legal arguments" and was an attempt to distract the court from evaluating the case's constitutional issues......................>>>>............................>>>>............http://www.msnbc.msn.com/id/38588102/ns/health/
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