Motion to Dismiss Virginia’s Challenge to Healthcare Begins

The health care reform law passed by Congress earlier this year is getting its first legal test in Virginia today.

At 10 am Thursday oral arguments will be heard regarding the motion to dismiss   the case filed on March 22, 2010 by Virginia Attorney General Ken Cuccinelli against the federal government for, what the suit claims, ” unconstitutional overreach of its authority with the passage of the federal health care bill.”

The motion to dismiss was filed by the Secretary of the Department Health and Human Services, Kathleen Sebelius, in her official capacity on June 7, 2010. The Justice Department claims Virginia lacks standing to sue and that Congress acted within its constitutional authority in passing the law.

While thirteen other states have filed a separate lawsuit challenging the law, Virginia’s will be the first to go before a judge.