On Monday, U.S. District Judge Henry Hudson allowed Virginia's lawsuit challenging the constitutionality of the new health care law to proceed. "We've won this round," Governor Bob McDonnell, R-Va., told the Associated Press. Out of approximately 24 cases challenging the health care law since it was signed by President Obama in March, this is the first to proceed.
The Department of Justice (DOJ) countered that Virginia lacks the legal standing to challenge the health care law and that any lawsuit is premature because the federal requirement to purchase health care won't take effect until 2014. "A state cannot ... manufacture its own standing to challenge a federal law by simple expedient of passing a statute purporting to nullify it. Otherwise, a state could import almost any political or policy dispute into federal court by enacting its side of the argument into state law," read a motion filed by the Obama administration.