The Fourth Circuit just handed down two opinions ordering that Virginia Attorney General Ken Cuccinelli’s challenge to the Affordable Care Act, along with another challenge to brought by Jerry Falwell’s Liberty University, must be dismissed on jurisdictional grounds. However, Judge Davis dissented from the Liberty University opinion to say that he would reach the merits and uphold the law, and Judge Wynn wrote a separate opinion saying that the law should be upheld as a valid exercise of the Taxing Power. Accordingly a majority of the court voted to uphold the law and today’s opinion should be read as a victory for the Affordable Care Act on the merits.
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