RICHMOND, Va. (AP) – The Obama administration is asking a federal judge in Virginia to dismiss the state's lawsuit challenging the constitutionality of the new health reform law.
In a motion filed hours before the court deadline, Health and Human Services Secretary Kathleen Sebelius argued the that Congress acted well within its Congressional authority.
Virginia Attorney General Kenneth Cuccinelli sued hours after Congress passed the sweeping health reform bill in March.
He alleged that by requiring Virginians to buy health coverage or pay a fee, Congress exceeded its authority under the 10th Amendment.
Sebelius argues that the new law is well within the scope of the Commerce Clause of the Constitution. The motion also claims Virginia lacks jurisdiction to sue.
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