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Fox News alert breaking news now a federal appeals court.
Striking down a challenge to the constitutionality.
Of president Obama's health care overhaul Shannon Bream live in Washington.
With more on that Shannon what -- what exactly happened.
Well bottom line -- Virginia loses its opportunity to sue the federal government but this could actually be a bit of a win for those who oppose the individual mandate.
And here's why.
The fourth circuit today never actually got to the question of whether or not the individual mandate is constitutional it's simply ruled today that two different lawsuits.
One involving the state of Virginia and one involving Liberty University.
Would be tossed out because those parties lack standing meaning they actually had no right to sue federal officials over this new health care law.
-- just as the national law was being passed the state of Virginia decided to pass its own state law which essentially says none of its citizens can be forced to buy health insurance coverage.
It then sued federal officials based on that conflict between the federal law -- the state law.
Will the fourth circuit ruled today that is not enough.
Here's part of their decision quote.
The individual mandate applies only to individual person not states the individual mandate does not directly -- Virginia -- -- state can't sit all right so how does all of this benefit those who oppose the individual mandate well.
I sat of those arguments of the fourth circuit -- though you can never truly say what -- gonna do unless it actually doesn't.
I'm convinced those three judges were very likely to uphold the individual mandate to find that it is constitutional.
That would've been a blow to those were fighting the mandate so what we've got now.
He's a ruling from the six circuit upholding the -- saying it is constitutional and on the other side of ruling from the eleventh circuit striking it down.
In many more challenging the health Carol lost -- the eleventh circuit case which comes out of Florida as 26 states suing together.
That was the stronger case to take to the Supreme Court.
And that is certainly the trajectory that this whole issue is on now the question really seems like it's gonna be which of these cases will the court take.
Assuming as just about every legal scholar out -- does that the justices are going to be the ones to ultimately settle these questions Megan.
-- the Virginia case has been dumped.
On technical grounds meaning the -- didn't have standing there weren't -- -- plans to bring it.
But the substantive challenge to the law has now been decided in favor of the administration.
By the eleventh circuit and against the administration by the -- circuit right now and now they're gonna see whether goes up to the corridor to the Supreme Court.
-- -- And ultimately decided if that happens you know how it works -- you've covered the court.
They'll decide this by June late June of next year teeing it up right in the middle of a presidential election.
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