Virginia Wins Challenge to Affordable Care Act

U.S. District Court Judge Henry Hudson in Richmond, Virginia delivered the first blow to the  Affordable Health Care Act when he ruled on December 13, 2010 that the foundation provision mandating individual Americans to obtain minimum health insurance to be unconstitutional.  He cites that in this provision, Congress overreaches its power to regulate interstate commerce.  He also cites the dispute to also be about “the individual’s right to choose to participate.”  Judge Hudson did not address other parts of the law allowing for implementation of other provisions.

Virginia is one of over 20 states to challenge the Health Care Reform Act which hopes to bring affordable health care to all Americans. It is expected that the ruling will eventually be kicked up to the Supreme Court. The Virginia challenge was based on the Virginia Health Care Freedom Act which bars compulsory purchase of health care insurance by its citizens.  Many other states do not have similar laws thus the ruling may not generalize nationwide. 

Insurance companies express concern that without the mandate for Americans to obtain minimum health insurance coverage, many individuals will not buy medical insurance until they get sick.  The Affordable Care Act mandates that by 2014, insurance companies can no longer deny coverage for pre-existing illness.  Without the pool of healthy subscribers diluting the pool of sick members, insurance premiums are expected to sky rocket.