The state of Virginia’s challenge to ObamaCare is now in federal court. A federal judge has denied the Administration’s request to throw out the suit, finding enough merit in the case to proceed to trial. Here is an article from the Christian Science Monitor (and see links to a discussion under “Related Stories” on the 14 state lawsuits challenging the constitutionality of the sweeping legislation): http://www.csmonitor.com/USA/Justice/2010/0802/Judge-refuses-to-block-Virginia-challenge-to-health-care-reform
On Tuesday, 71% of voters in Missouri rejected the idea that the state can force citizens to pay a fine if they do not carry health insurance. This undercuts the law’s enforceability. Missouri joined five other states that passed similar measures via legislation (Idaho, Utah, Virginia, Georgia and Louisiana). Here is the Wall Street Journal’s Editorial on Missouri’s vote: http://online.wsj.com/article/SB10001424052748704026204575266472609370944.html?mod=WSJ_hp_mostpop_read
Various legal challenges (legislation, referenda, and law suits) to ObamaCare are active in at least 26 states–not including Minnesota. So far, all Minnesota has is a task force appointed by the governor to study it with a report due in December–we are double checking on this with Twila Brase and other experts, but it appears that Minnesota will not join the fight in 2010.
If the federal legislation is found to be constitutional, state law will be pre-empted by federal law. We think the legal case against ObamaCare is clear but given the history of the federal courts acquiescence to other unconstitutional grabs by Congress, we do not want to count on it.