The decision by three Democratic-nominated judges to discard two Virginia lawsuits against the president’s signature health care law has offered Democrats a new strategy to defend the increase in regulation of the nation’s health care sector.

The three judges, two of whom were appointed by President Barack Obama, decided that the Virginia’s Republican Attorney General Ken Cuccinelli could not sue against the law because neither his office nor the state were directly impinged.

The judges also decided that individual citizens could not sue against the law until they actually have to pay the taxes that will be levied in 2014 by the controversial law.

Thursday’s decision that citizens must wait until the bill comes due could delay a decision by the Supreme Court until mid-2016, said Walter Dellinger, a Democrat, a former acting U.S. Solicitor General and a board member of the progressive American Constitution Society.

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