Lawyers on both sides are still slogging through the process of lawsuits that seek to invalidate one of the main provisions of the Obama administration's healthcare reform.
The Virginia lawsuit is moving more quickly than the more famous litigation with 20 state attorney generals on board, possibly because there are fewer plaintiffs involved.
On July 1st, the case will reach the U.
S.
Federal District Court.
There, the judge will decide whether or not to dismiss the lawsuit.
The Department of Justice has already filed a motion to have the suit invalidated, claiming that the Commerce Clause of the Constitution gives the federal government the right to regulate or mandate the purchase of health insurance.
Virginia Attorney General Ken Cuccinelli clearly disagrees.
He filed his suit mere hours after President Barack Obama signed the bill and made it into law.
Now, he has released his response to the dismissal motion.
Cuccinelli argues that upholding the legislation would have a severely detrimental effect on the concept of federalism.
Federalism entails the sharing of power between the federal and state governments, and is one of the founding principles of the United States.
According to the Republican, there is no precedent for regulating a consumer's inactivity.
The worst case scenario is that people could be forced to buy any product or service; keeping this law intact could begin a slippery slope.
In addition, he rejects the DOJ's argument that his state is not harmed by the federal healthcare reform law.
Since enforcing the mandate-related provisions would effectively invalidate the Virginia Health Care Freedom Act, it would interfere with the decision by state lawmakers.
Another court hearing is tentatively scheduled for October 18th.
However, that will only take place if the Virginia health insurance lawsuit is not dismissed.
The Virginia lawsuit is moving more quickly than the more famous litigation with 20 state attorney generals on board, possibly because there are fewer plaintiffs involved.
On July 1st, the case will reach the U.
S.
Federal District Court.
There, the judge will decide whether or not to dismiss the lawsuit.
The Department of Justice has already filed a motion to have the suit invalidated, claiming that the Commerce Clause of the Constitution gives the federal government the right to regulate or mandate the purchase of health insurance.
Virginia Attorney General Ken Cuccinelli clearly disagrees.
He filed his suit mere hours after President Barack Obama signed the bill and made it into law.
Now, he has released his response to the dismissal motion.
Cuccinelli argues that upholding the legislation would have a severely detrimental effect on the concept of federalism.
Federalism entails the sharing of power between the federal and state governments, and is one of the founding principles of the United States.
According to the Republican, there is no precedent for regulating a consumer's inactivity.
The worst case scenario is that people could be forced to buy any product or service; keeping this law intact could begin a slippery slope.
In addition, he rejects the DOJ's argument that his state is not harmed by the federal healthcare reform law.
Since enforcing the mandate-related provisions would effectively invalidate the Virginia Health Care Freedom Act, it would interfere with the decision by state lawmakers.
Another court hearing is tentatively scheduled for October 18th.
However, that will only take place if the Virginia health insurance lawsuit is not dismissed.
Source...