Appeals court strikes down Cuccinelli’s health care challenge

A federal appeals court in Alexandria struck down Virginia’s challenge to President Obama’s health care reforms Thursday, saying the state didn’t have standing to sue but without ruling on the constitutionality of the reform law.

Virginia Attorney General Ken Cuccinelli’s lawsuit argued that Congress overstepped its constitutional powers when it passed Obama’s health care law. The state had the right to sue, Cuccinelli said, because the federal law contradicted a newly enacted state law saying no Virginian could be forced to buy health insurance.

But the U.S. 4th Circuit Court of Appeals ruled that Virginia could not write new state laws simply to give it standing to challenge federal laws it opposed.

“Obviously, we are disappointed in the ruling,” Cuccinelli said. “Our disappointment not only stems from the fact that the court ruled against us, but also that the court did not even reach the merits on the key question of Virginia’s lawsuit — whether Congress has a power never before recognized in American history: the power to force one citizen to purchase a good or service from another citizen.”

This was the second appeals court to rule in favor of Obama’s health care reform. A court in Cincinnatti upheld the law, but another in Atlanta struck it down, ruling that its requirement to purchase insurance was unconstitutional.

Thursday’s ruling was made by a three-judge panel: one appointed by President Bill Clinton and two appointed by Obama, according to the Associated Press.

The court also struck down a separate lawsuit brought by Liberty University of Virginia.

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