A federal judge has denied the federal government's motion to dismiss the Commonwealth of Virginia's lawsuit challenging provisions of the Affordable Care Act. Judge Henry E. Hudson rejected the federal government's argument that Virginia failed to state a valid claim.

The Commonwealth's complaint, filed by Attorney General Ken Cucinnelli, claimed that the minimum coverage provision in the Affordable Care Act is unconstitutional and goes beyond the U.S. Constitution's Commerce Clause. The minimum coverage provision is the mandate that all Americans must purchase or obtain health care coverage or face a penalty. In addition, the Commonwealth's complaint states that the act conflicts with Virginia law and encroaches upon its sovereignty under the Tenth Amendment.

The defendant in the suit is Kathleen Sebelius, Secretary of the Department of Health and Human Services. Sebelius' argument in the motion to dismiss was that AG Cucinnelli lacked standing and ripeness to litigate the claims. Standing is the requirement that a plaintiff demonstrate he or she will be immediately harmed by the law, and ripeness requires that an issue be ready for litigation. Sebelius argued that because the suit was brought four years before the minimum coverage provision takes effect, the issues are not ready for immediate resolution. The motion also argued that the commonwealth's complaint failed to state a valid claim, as the minimum coverage provisions are justified under the Constitution's Commerce Clause and Necessary and Proper Clause.

In his decision, Judge Hudson said that though the matter was not uniformly settled in law, he felt the commonwealth had a legally protected interest in defending its own laws (specifically, the Virginia Health Care Freedom Act) and suing on behalf of its citizens. The federal law, by preempting the state law, would be an injury to satisfy the standing requirement. In addition, Judge Hudson said the issues in the case were ripe. Although the law would not take effect for several years, he said the citizens of Virginia will be compelled to contract for insurance, and the commonwealth must revamp its health care program for compliance. Judge Hudson concluded by saying he was not persuaded that Virginia's claims regarding the improper extension of the Commerce Clause were not valid.

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