Constitutional Law

The Legal Case Against ObamaCare

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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.