On Monday, a federal judge in Virginia stated that by the end of the year, he will grab the win-win situation over the constitutional challenge against the health care reform law of the Obama administration.
The plan of U. S. District Judge, Henry Hudson was declared after the hearing on state Attorney General Ken Cuccinelli's lawsuit that challenges the need that the federal law had laid for the citizens to get insurance coverage, otherwise they would have to pay penalty. As per Hudson, his verdict would not be the ultimate words for the case.
The Virginia’s case focuses on that whether under the constitution the Government has the authority to implement stringent insurance requirements.
As per Ian Gershengorn, a Deputy U. S. Attorney General, the Government’s move has been powered by a provision in the Commerce Clause. But, Virginia Solicitor General Duncan Getchell is of the view that the Federal Government is just trying to expand the scope of the Commerce Clause.
Getchell said, “While the government can regulate economic activity that substantially affects interstate commerce, not buying insurance is "inactivity" that is beyond the government's reach”.
If the case is lost by Virginia, then the Congress would have undue powers to instruct citizens to purchase anything, as expressed by Cuccinelli, which was also backed by Hudson.