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Obama Administration Wants VA Healthcare Reform Lawsuit Dismissed


Image: BAR Photography under CC 3.0

Yesterday, Department of Justice Lawyers requested that a federal judge dismiss the state of Virginia’s lawsuit against healthcare reform.

Shortly before the federal legislation passed, Virginia passed a state law that forbids any entity from mandating that its residents purchase a health insurance plan. Its attorney general then filed a lawsuit on the grounds that the individual mandate that is at the center of the Obama administration’s reform efforts is an unconstitutional overreach on the part of the federal government, therefore violating the 10th Amendment. Secretary of Health and Human Services Kathleen Sebelius said in the government’s motion that the Commerce Clause allowed them the power to regulate this issue, and that striking down the provision would virtually cancel out the law’s attempt to control costs while simultaneously expanding coverage.

The judge is still mulling over both sides’ arguments. Whether or not this particular Virginia health insurance mandate lawsuit continues, there is still the one from 20 other states to deal with.

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