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

[Chet 99]

The most successful outcome would be an immediate injunction, but this would be extremely unlikely inasmuch as the most onerous provisions do not go into effect until later on.

[caww]

Onyx I am hearing if they win against the mandatory purchase that the whole beast will fall...aye?

[OldDeckHand]

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

I haven't read all of HR3590, but I did read HR4872 over the weekend. I didn't find any severability clause in the Reconciliation Bill, so I would predict it's unlikely in HR3590, but possible.

[onyx]

Yes, MS’s AG, Jim Hood, is the only state-wide elected democrat. We’re all hoping he declines to file. Much prefer Haley to file so that it will be habndled properly.

You’re right. Haley has given democrat AG until high noon, on Thursday to give him his answer.

Hood is up for reelection in 2011, and this time around the GOP will run a stronger candidate against him. He rode to victory largely on convicting Emmitt Till’s old KKK killer on a civil right’s issue, against a weak challenger IIRC.

[onyx]

GOOD idea.

Old Dominion!!!!

[Corin Stormhands]

“Go, Ken, Go!” ping...

[NavVet]

Why isn’t he going after the Deem and Pass angle? Art. I, Sec. 7?

[b4its2late]

GOD bless him. As I live in the People’s Republic of New York, I can only look on with envy.

[onyx]

Onyx I am hearing if they win against the mandatory purchase that the whole beast will fall...aye?

xs?

[Corin Stormhands]

Why isn’t he going after the Deem and Pass angle?

Um...because they didn't use Deem and Pass?

[OldDeckHand]

"The most successful outcome would be an immediate injunction, but this would be extremely unlikely inasmuch as the most onerous provisions do not go into effect until later on."

I agree. One of the tests that must be met before a court grants temporary relief is that plaintiff would be irreparably harmed if temporary injunction relief wasn't granted, even if they prevail at trial. That's not realistic here. There's nothing that could be undone today, that couldn't be undone tomorrow.

[ConjunctionJunction]

They didn’t use “deem and pass” to pass the bill.

[yellowhammer]

Found this on another thread:

Section 155
If any provision of this division, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this division and the application of the provision to any other person or circumstance shall not be affected.

Looks like it DOES have a severability clause

[tgusa]

Aye!

[Credo]

Because the Rules committee didn’t use it. He would have no basis of complaint.

[Uncle Miltie]

Washington State will take it to the 9th Circus.

[ScottinVA]

Thank you Mr. Cuccinelli. God Bless our Old Dominion!

[ConjunctionJunction]

I can’t find that language in there.

[Credo]

It depends on which Bill. The original House bill may have had it or the so called reconciliation package. Obama signed the Senate Bill which was approved by both Houses, but I can’t imagine the OAG of VA would put the following in if there was severability:

Par 6 of the OAG’s complaint says there is NO severability provision plus in Par 5 of the intro, it is basically if the individual mandate is thrown out then the whole statutory House of Cards is negated.

[54skylark]

These ass w*pes here would sooner add the the debt.
Then fight it. I understand Quinn taking his marching orders from BO & Madigan. BUT were is Brady on this