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By Noam N. Levey, Tribune Washington Bureau
But the judge swept aside the Obama administration's efforts to quash the legal contest in its infancy, ruling that the state of Virginia has the right to sue. Citing the sweep of the new law, he also appeared to open the door to a potentially drawn-out legal battle over a core tenet of the health overhaul. "While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate — and tax — a citizen's decision not to participate in interstate commerce," wrote Hudson, an appointee of President George W. Bush. "Neither the Supreme Court nor any circuit court of appeals has squarely addressed this issue."
By BETSY MCCAUGHEY Last November, a reporter asked House Speaker Nancy Pelosi if it was constitutional for Congress to require Americans to buy health insurance. Ms. Pelosi responded, "Are you serious?"