Virginia Attorney General Ken Cuccinelli filed the first successful challenge to the Obama administration's Affordable Care Act. The Justice Department is appealing the decision.
The federal government is appealing a successful suit brought last year by Virginia Attorney General Ken Cucinnelli, who argued against the provision in the Affordable Care Act mandating that all Americans purchase insurance.
In December, U.S. District Court Judge Henry Hudson agreed with Cucinnelli and struck down the provision, declaring it unconstitutional. The challenge against the Affordable Care Act is just one of approximately 30 filings across the country seeking to invalidate the law.
Ron Pollack is executive director of Families USA, a consumer health care advocacy group. Pollack, who is also a constitutional lawyer, says this case along with a similar challenge from Liberty University will probably not end with today's hearings.
"My guess is that this court is likely to deny the challenges in both of these cases," he says. "But in any event, I think it is highly likely that this and a few other cases may go up to the Supreme Court in the next term and ultimately it will be decided by the Supreme Court."
The cases are being heard by a three judge panel of the U.S. Court of Appeals for the 4th Circuit in Richmond, Va.