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The Legal Case Against ObamaCare
The Washington Post reports on Virginia Attorney General Ken Cuccinelli’s continuing efforts to challenge the constitutionality of ObamaCare in federal court:
Virginia Attorney General Ken Cuccinelli II told a federal judge Monday that he should let a suit challenging the constitutionality of the federal health-care law proceed and deny a request by the Obama administration that the case be dismissed.
In 41-page memorandum, Cuccinelli argued that federal lawyers acting on behalf of Health and Human Services Secretary Kathleen Sebelius were off base when they contended that Virginia has no standing to sue over the law, a key claim of the government's motion that the case be dismissed. Cuccinelli also disputed that Congress has the right to mandate that individuals buy health insurance or pay a fine under its constitutional right to regulate interstate trade.
Virginia has sued separately from a case in Florida that includes 20 other states. The commonwealth's case will probably be heard first because it was filed in the speedy Eastern District of Virginia. A judge will hear oral arguments on the motion to dismiss the case July 1.
Read the rest here. Read Reason’s coverage of the legal challenges to ObamaCare here, here, and here.
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Suki|6.8.10 @ 10:24AM|#
Obamacare is going to put the "I survived roe v. wade" t-shirt model out of business.
|6.8.10 @ 10:35AM|#
If the President wants it, it's not unconstitutional.
Suki|6.8.10 @ 10:55AM|#
But criticizing this one is racist.
Tim|6.8.10 @ 11:11AM|#
Where's Oliver Cromwell when you need him?
Suki|6.8.10 @ 11:22AM|#
He was black too?
Zeb|6.8.10 @ 12:06PM|#
This is getting very boring.
Suki|6.8.10 @ 12:24PM|#
You just say that to make your racism acceptable.
jtuf|6.8.10 @ 10:52AM|#
Obama promised to confront health inssurance companies, and he ended up madating that every American buy their products. Now he says he will go after BP. I expect that, by this time next year, we will all be required to buy at least 5 gallons of oil per week.
|6.8.10 @ 11:00AM|#
We have to buy their gas so they can clean up the spill and payoff the injured parties. If we didn't buy the gas, BP would have to be bailed out by the Feds so they could payoff the injured parties.
That is the circle of corporatist life.
Tim|6.8.10 @ 11:13AM|#
Is Arizona fighting Obamacare? Either way it'd be ironic.
|6.8.10 @ 11:41AM|#
If this suit succeeds, we get socialized medicine when every private insurer goes bankrupt under the pre-existing condition denial prohibition.
Then Reason will run a post complaining about this event. If you do something well, you may as well overdo it, I guess.
PR|6.8.10 @ 12:09PM|#
If this suit succeeds, we get socialized medicine when every private insurer goes bankrupt under the pre-existing condition denial prohibition.
you mean the provision that redefines the meaning of the word insurance and prohibits the sale of actual insurance?
replica watches|6.26.10 @ 12:11AM|#
good post