Virginia Attorney General files complaint against Health Care Reform Act in Richmond

Office of the Attorney General ^ | 3/23/10 | Attorney General of Virginia

[Credo]

3/23/10 Complaint for Declaratory and Injunctive Relief filed today in the case of Commonwealth v. Kathleen Sebelius

[ConjunctionJunction]

There is no severability clause in the statute. If one part gets chucked - the whole thing goes.
******************************************************
I thought there was. But, it seemed like the bills kept changing. Good news if one’s not in there.

[onyx]

VA’s AG was just waiting for the Marxist signature on the monstrous bill to file. He didn’t waste any time did he?

WOW!

[mojitojoe]

[MrChips]

If the results are all favorable for us, what does that mean? That the Obamanistas would counter-sue and take it to the USSC?

[xsmommy]

I am sure there was consultation between the states on the strategy for this too. i doubt there’s any happenstance to the filings and who all is filing where etc. Haley is threatening your AG if he doesn’t file by noon Thurs he’s going to file himself? is MS AG a dem?

[tgusa]

If I heard my AG correctly, that was a major part of the plan.

[USMCPOP]

[Lobbyist]

The commerce clause section of the complaint is interesting.

[Bobby_Taxpayer]

There is no severability clause in the statute. If one part gets chucked - the whole thing goes.

I certainly hope so. Maybe someone has the time to research this.

PING

[pollywog]

what’s the difference between a “ Lawsuit” and a “ Complaint”?

[mentor2k]

Let's get this party started.

[tgusa]

There WAS consultation - Cucinelli did an interview for Fox News in which he gave a peek into the overall strategy. Filing in the 4th Circuit was part of the plan.

[orchestra]

United States District Court (Judges) for the Eastern District of Virginia:

Chief District Judge James R. Spencer

James R. Spencer was nominated by President Ronald Reagan on September 9, 1986 to the a seat on the United States District Court for the Eastern District of Virginia, Richmond Division. He was confirmed by the United States Senate on October 8, 1986 and received his commission on October 14, 1986. He was the first African American to be nominated to this position in this district.

In 1985, Judge Spencer earned a master of divinity degree from Howard University.

In 2004 Judge Spencer became Chief Judge of the Eastern District of Virginia.

District Judge Henry E. Hudson
Hudson is a federal judge on the United States District Court for the Eastern District of Virginia. Hudson was nominated by President George W. Bush on January 23, 2002, to a new seat created by 114 Stat. 2762. He was confirmed by the United States Senate on August 1, 2002, and received his commission on August 2, 2002.

Senior District Judge Robert E. Payne
Payne was a federal judge on the United States District Court for the Eastern District of Virginia. Payne was nominated by President George H.W. Bush on November 20, 1991, to a seat vacated by J. Calvitt Clarke, Jr.. He was confirmed by the United States Senate on May 12, 1992, and received his commission on May 13, 1992. He assumed senior status on May 7, 2007.

Senior District Judge Richard Leroy Williams

Williams was a federal judge on the United States District Court for the Eastern District of Virginia. Williams was nominated by President Jimmy Carter on April 9, 1979, to a new seat created by 92 Stat. 1629. He was confirmed by the United States Senate on September 29, 1980, and received his commission on September 30, 1980. He assumed senior status on May 1, 1992.

[ConjunctionJunction]

No real difference. A complaint is the name of the document that begins a lawsuit.

[tgusa]

I just may replace my ‘Don’t Tread on Me’ flag with a flag of my State of Virginia. If somebody has to take that first step, might as well be us.

[pollywog]

Thanks! Ya never know if you don’t ask! *smiles*

[Lobbyist]

I believe it’s the same. However, Freeper lawyers may be able to clarify more fully.

[Lilpug15]

Maryland seriously infuriates me - unbelievable how Democrat has become a religion in this state.

[machogirl]

I just called my AG (democrat running for Governor of AZ) to ask that he, Terry Goddard, join the other Gov’s in suing to stop the Fed Govt. intrusion into health care and which would make Arizona even more financially unstable.

As soon as I got out one sentence, I was “thanked” for my concern and as I tried to give her my name, I was disconnected.

We are in trouble here, since Terry Goddard is a big-time Dem, trying to get him to file a lawsuit.

[OldDeckHand]

I’m glad they’re attacking the personal mandate as it relates to the commerce clause, and not Ninth Amendment concerns, as that doesn’t have a very likely chance of prevailing, historically speaking. The Commerce Clause is the best bet, IMHO.