Friday, January 28, 2011

Expedited ruling expected in Virginia on challenge to health law

State legislatures are reviewing bills in consideration to undermine the nation's health overhaul. One Virginia court in particular is promising to expedite its consideration of a lower court ruling against a key provision of Obama's health care act. The Court of Appeals for the Fourth Circuit claimed it would accept and consider arguments between May 10 and May 13 in the Obama administration’s appeal of a ruling last month by the Judge of the Federal District Court in Richmond.

"This could be a groundbreaking decision," said one Charleston medical malpractice lawyer. "The result could have a profound impact on the healthcare climate as well as related insurance requirements."

The Judge ruled that Congress had stepped over the boundaries of the Commerce Clause of the Constitution by demanding citizens to acquire commercial insurance. He allowed the law to remain in effect pending appeals, which will most likely end at the Supreme Court. Two other federal judges have upheld the insurance requirement, while a fourth judge, is expected to rule in the near future.

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