A federal judge in Richmond yesterday ruled that Virginia Attorney General Ken Cuccinelli can continue his crusade against President Obama’s health-care overhaul.
The question up for consideration now is whether or not Congress has the power to require Virginians to purchase health insurance.
Not surprisingly, the Obama administration’s effort to dismiss Cuccinelli’s lawsuit on the grounds that Virginia did not have the legal standing to make such a challenge was denied. For now, then, Cuccinelli can go into the next stage of the legal battle without too many bruises.
Whether or not forcing U.S. citizens to purchase health insurance is allowed under the Commerce Clause is, of course, the terrain over which the legal battle will continue to be fought.
While the nation’s uninsured reportedly cost an estimated $43 billion in unpaid health-care costs annually, it will be difficult to argue that forcing U.S. citizens to purchase health insurance is constitutional.
The next hearing on the lawsuit is scheduled for October 18.