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