August 2, 2010 11:32AM 

# Federal Judge Denies Obama Administration’s Motion to Dismiss Virginia’s ObamaCare Lawsuit 

By [Michael F. Cannon](https://www.cato.org/people/michael-f-cannon) 

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From [*The Los Angeles Times*](http://www.latimes.com/business/nationworld/wire/sns-ap-us-health-care-overhaul-virginia,0,5573134.story):

> RICHMOND, Va. (AP) — Virginia’s lawsuit challenging the Obama administration’s health care reform law has cleared its first legal hurdle.
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> U.S. District Judge Henry Hudson on Monday denied the Justice Department’s request to dismiss the lawsuit.
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> Virginia Attorney General Ken Cuccinelli claims that Congress does not have the authority under the Constitution’s Commerce Clause to require citizens to buy health insurance or pay a penalty.
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> The Virginia General Assembly passed legislation this year exempting state residents from the coverage mandate.
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> More than a dozen other state attorneys general have filed a separate lawsuit in Florida challenging the federal law, but Virginia’s lawsuit is the first to go before a judge.

##### Related Tags 

[Health Care](https://www.cato.org/health-care), [Constitutional Law](https://www.cato.org/constitutional-law), [Robert A. Levy Center for Constitutional Studies](https://www.cato.org/robert-levy-center-constitutional-studies) 

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