HEALTH CARE

Wisconsin to Challenge Health Care Overhaul

January 4, 2011 | 8:27 a.m.

One more state is expected to file suit challenging the constitutionality of the health care overhaul law.

On Scott Walker's first day as Wisconsin's new governor Monday, he hand-delivered authorization to State Attorney General J.B. Van Hollen to proceed with a legal challenge to the Affordable Care Act. Van Hollen has wanted to challenge the legislation since it passed in March but did not have the required support from then-Gov. Jim Doyle, a Democrat, or the state legislature.

During the Republican Walker’s campaign, he said he would authorize Wisconsin to join the multi-state lawsuit. It is unclear whether Wisconsin would join the 20-state lawsuit or file its own case.

In a statement, Van Hollen said the individual mandate requiring citizens to purchase health insurance or face penalties is unconstitutional. In December, a federal judge in Virginia ruled the mandate was unconstitutional. However, two other courts have upheld the legislation.

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