Discuss as:

Virginia judge finds health-care mandate unconstitutional

A federal judge in Virginia has found part of the health care overhaul to be unconstitutional.

Read the Va. judge’s ruling on the health care law.

Here's AP's write up:

RICHMOND, Va. (AP) -- A federal judge in Virginia has declared the Obama administration's new health care law unconstitutional.

U.S. District Judge Henry Hudson is the first judge to rule against the law, which has been upheld by two others in Virginia
and Michigan.

Virginia Attorney General Ken Cuccinelli's lawsuit challenged the health care law's requirement that citizens buy health insurance or pay a penalty starting in 2014. The case challenged the federal government's constitutional authority to impose the requirement.

Other lawsuits are pending, including one filed by 20 states in a Florida court. Virginia is not part of that lawsuit.

The U.S. Justice Department and opponents of the health care law agree that the U.S. Supreme Court will have the final word.


A judge in Virginia on Monday invalidated a key part of the landmark healthcare law that requires individuals to buy health insurance, the first major setback for President Barack Obama on an issue that will likely end up at the Supreme Court.

U.S. District Judge Henry Hudson, appointed to the bench by President George W. Bush in 2002, backed arguments by the state of Virginia that Congress exceeded its authority by requiring that individuals buy health insurance or face a fine.

The decision is the first finding against the law that was passed in March and aimed at overhauling the $2.5 trillion U.S. healthcare system. Judges in other states have rejected other challenges to the law.