Litigation

Recusal Urged for Judge Hearing Health-Care Challenge

By Peter Hardin

A federal judge who is hearing a Virginia lawsuit challenging the new federal health-care law ought to step aside due to stock holdings, an advocacy group contends.

U.S. District Judge Henry E. Hudson (photo at right) has reported holding stock between 2003 and 2008 in a communications company that counts among its clients Republican groups that have urged repeal of the law, according to a Washington Post article.

“In a case that could have potentially sweeping national implications for the American people, Judge Hudson should address this appearance of conflict head on by immediately recusing himself,” Tom McMahon, executive director of Americans United for Change, said in a statement. “Anything less would cast a shadow of doubt over the objectivity and fairness of further proceedings.”

The group identified one of the company’s clients as Ken Cuccinelli, a Republican. He  now is the Virginia attorney general who brought the legal challenge.

The company, Campaign Solutions, told the Huffington Post that the judge owned some of its stock since the company was established 13 years ago, that he is a passive investor and has not discussed the company’s business with any official of it.

Earlier this week Judge Hudson declined to throw out Virginia’s lawsuit challenging the requirement in the law that most Americans buy health insurance starting in 2014. The judge declared that Virginia has a right to sue, the Los Angeles Times reported.

Full post as published by The Gavel on August 04, 2010 (boomark / email).