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Federal Judge Hears Oral Arguments In Va.'s Lawsuit Against Health Care Bill

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Virginia's attorney general visits federal court in Richmond, as the state continues its lawsuit challenging the health care bill passed by Congress in March.

On Monday the two sides will argue the meat of the case: whether a federal individual health insurance mandate is legal, and whether the penalty for not buying insurance is a tax, as the federal government claims.

Last month, the court rejected the federal government's motion to dismiss the case.

Monday's oral arguments come on the heels of a decision from a federal judge in Florida to allow another lawsuit challenging the law, filed jointly by 20 states, to continue.

Virginia's attorney general, Ken Cuccinelli, says citizens paying attention now realize that challenging the federal government isn't a recipe for failure.

"Even if they weren't there on March 23rd, they've gradually come to the conclusion that this law is unconstitutionally overbroad," Cuccinelli says, "and that it will probably--no guarantees--that it will probably be stricken."

Cuccinelli says he expects a decision from the court in about a month, but he says to expect the losing side to immediately appeal the decision.

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