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Ken Cuccinelli Files Virginia’s Response To Motion To Dismiss ObamaCare Lawsuit

Virginia’s Attorney General has filed his response to the Motion to Dismiss filed by the Federal Government in the lawsuit to declare ObamaCare unconstitutional:

RICHMOND — 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.

At turns, Cuccinelli’s brief delves deeply into intricate legal arguments and then offers plain-spoken and harsh critiques of the political process that led to congressional approval of the health-care law.

Of the health-care law, he writes, “Cobbled together in secret, [it] was passed by the Senate, largely or totally unread, on a party line vote, literally in the dead of night on Christmas Eve, against the will of the people as measured by most polls; a product of such florid deal-making as to generate scornful popular terms such as ‘the Louisiana Purchase’ and ‘the Cornhusker Kickback.’ ”

He argues that Virginia has standing to sue because of a law passed this year by the General Assembly that makes it illegal to require individuals to buy health insurance. Virginia’s law need not be supplanted by the federal law, as President Obama’s attorneys had argued, if the federal law is deemed unconstitutional, he writes.

To imply otherwise, the brief opens, would be to suggest “federalism is so withered and near death that States lack the power and right to go to federal court to test the validity of their own enactments when they conflict with federal law.”


The Federal Government’s reply to this Memorandum is due later this month, and oral argument is scheduled for July 1, 2010 in Richmond.

Here’s the brief:

Virginia’s Memorandum In Opposition To Motion To Dismiss

4 Responses to “Ken Cuccinelli Files Virginia’s Response To Motion To Dismiss ObamaCare Lawsuit”

  1. dougisalawyer says:

    they’ll make tons of changes anyways. a lot of the insured are punk kids who don’t know the value of a dollar and would rather spend the money getting blitzed. the other portion are some of the goddamn illegals driving in econoline vans listening to la mafia.

  2. The opposition is just as weak as the complaint. Cuccinelli simply ignores that “inconvenient truth” that is the Supremacy Clause.

  3. By the way and for the record, I’d like to now double down on my bet that Cuccinelli loses at every stage of this litigation.

  4. Lloyd Is Truely An Idiot says:

    Lloyd you idiot. I suggest you read the complaint before posting your moronic and “insightful” comments.

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