(MONTGOMERY)— Earlier today in Virginia, U.S. District Judge Henry Hudson ruled that a major part of the Patient Protection and Affordable Care Act (PPACA) is unconstitutional. Back in the spring the Commonwealth of Virginia sued the federal government over the constitutionality of the PPACA in a lawsuit similar to the one in which Alabama and 19 other states are participating in federal district court in Florida.
Today Judge Hudson partially granted Virginia’s motion for summary judgment, declaring that the provision of the law requiring individual citizens to purchase private health insurance is unconstitutional and beyond the scope of Congress’s power under the commerce clause.
Attorney General King was encouraged by today’s ruling. “Judge Hudson’s decision reaffirms the founding principle that the federal government is one of limited and enumerated powers.” Attorney General King observed that “the arguments advanced by the federal government in support of the individual mandate were without bounds and could be used to justify virtually unlimited federal control of every sphere of private activity.” Attorney General King believes that reforming America’s health care system is important, “but just like everything else, it must be done in a way that’s consistent with the constitution.”
Attorney General King is hopeful that Alabama and 19 other States will similarly prevail in their suit challenging the PPACA. A hearing is scheduled for December 16, 2010, on the States’ motion for summary judgment in that case.