Yesterday, United States District Judge Henry E. Hudson (Eastern District of Virginia) found unconstitutional the Patient Protection and Affordable Care Act (PPACA) provision which requires most uninsured Americans to obtain coverage or pay a penalty. Read Judge Hudson’s Memorandum Opinion.
Virginia Attorney General Kenneth T. Cuccinelli sued Health and Human Services Secretary Kathleen Sebelius, in her official capacity, alleging that the PPACA conflicts with Virginia law and that the Act’s purchase mandate is unconstitutional. This lawsuit is similar to the lawsuit led by Florida Attorney General Bill McCollum in which twenty other states are participating in Florida. A hearing on the States’ motion for summary judgment in that case is scheduled for December 16, 2010.