DOJ to Appeal Health Bill Ruling

Written by FrumForum News on Tuesday December 14, 2010

AFP reports:

The Obama administration said Tuesday it would appeal against a federal judge's ruling that a key provision of the landmark health care reform law was unconstitutional.

"We intend to appeal the district court's ruling in Virginia to the Fourth Circuit Court of Appeals," a spokesman for the Department of Justice told AFP.

Judge Henry Hudson of the Eastern District Court in Richmond, Virginia, found on Monday that the new law's mandate that Americans must buy insurance or pay a fine goes beyond federal authority.

He ruled that it also violated the commerce clause, a key component of the US Constitution.

But the Department of Justice spokesman said the Virginia "suit is based on a state statute that is not applicable nationwide.

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