• Federal Court in Virginia Finds Health Care Reform Bill’s Individual Mandate Unconstitutional (Cuccinelli (Virginia) v. Sebelius, Civ. Action. No. 3:10CV188-HEH (E.D. Va. 2010))
  • December 20, 2010
  • Law Firm: Alston Bird LLP - Atlanta Office
  • In a ruling entered on December 13, 2010, United States District Court Judge Henry E. Hudson held, in a challenge to the health reform law filed by the Commonwealth of Virginia, that Section 1501 (the “Individual Mandate”) of the Patient Protection and Affordable Care Act (“PPACA”), Pub. L. No. 111-148 (2010), is unconstitutional. The Individual Mandate requires that every United States citizen (with certain exceptions) maintain a minimum level of health insurance coverage or incur a penalty assessed by the Internal Revenue Service. This advisory includes a brief summary of the decision, followed by a short discussion of how the decision may affect health care reform generally and the expected time frame for an appeal.