Federal Judge Allows Virginia Health Reform Lawsuit to Move Forward; Missouri Voters Approve Referendum Nullifying Insurance Mandate - August 11, 2010

On August 2, a federal judge rejected the federal government’s motion to dismiss the State of Virginia’s constitutional challenge to the Affordable Care Act. Judge Henry Hudson of the U.S. District Court for the Eastern District of Virginia ruled that Virginia’s lawsuit may proceed because it is intended to enforce a recently enacted Virginia law that exempts the state’s citizens from any requirement to obtain health insurance coverage. This procedural ruling permits the case to proceed to a full hearing on the legal merits of the case, which is scheduled for October 18. A similar lawsuit filed jointly by 20 states is currently pending in Florida. By a vote of 71 percent, Missouri voters approved a referendum last week providing that no person or employer will be required to obtain health coverage. Similar referenda are pending in Arizona and Oklahoma.