A Virginia federal judge is expected to rule Monday on whether the Obama administration’s health law violates the Constitution, opening a new stage in the administration’s defense of its biggest legislative achievement.
The ruling by District Judge Henry E. Hudson is perhaps the most significant so far among a slew of state-based legal challenges to the law, which also faces attack by newly resurgent Republicans in Congress. More than 20 federal lawsuits have been filed against the health overhaul since President Barack Obama signed it in March.
While the cases differ somewhat, they largely rest on the argument that Congress lacks constitutional authority to require most Americans to carry health insurance or pay a fee. The Obama administration counters that three clauses of the Constitution gave Congress the power to put the requirement, known as the individual mandate, in the law as part of regulating how people pay for health care.