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Virginia Attorney General files complaint against Health Care Reform Act in Richmond
Office of the Attorney General ^ | 3/23/10 | Attorney General of Virginia

Posted on 03/23/2010 10:57:25 AM PDT by Credo

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


TOPICS: Breaking News; Culture/Society; Government; News/Current Events; US: Virginia
KEYWORDS: 10thamendment; 111th; bhohealthcare; cuccinelli; hcr; healthcare; libertyordeath; obamacare; sebelius; statesrights; virginia
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Virginia Attorney General files complaint against Health Care Reform Act in the Federal Eastern Court of Virginia today.
1 posted on 03/23/2010 10:57:26 AM PDT by Credo
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To: Credo

Our AG is living up to our state’s motto: Sic Semper Tyrannis!


2 posted on 03/23/2010 11:00:21 AM PDT by VA_Gentleman ("Poor Al Gore. Global warming completely debunked via the very internet you invented." -Jon Stewart)
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To: Credo

OK, so with the other filing in Florida, that is two different federal courts by 13 or more states. Is there a third court for good measure?


3 posted on 03/23/2010 11:01:30 AM PDT by MrChips (MrChips)
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To: Credo

And so it begins. Godspeed and may all 50 states follow!


4 posted on 03/23/2010 11:01:52 AM PDT by conservativegramma
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To: xsmommy; Credo

Is the the court aka the “rocket docket”?


5 posted on 03/23/2010 11:02:25 AM PDT by onyx (God save our Republic!)
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To: Credo

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


6 posted on 03/23/2010 11:02:53 AM PDT by Marathoner (Welcome to Amerika Comrades)
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To: onyx

It is. Sic Semper Tyrannis!


7 posted on 03/23/2010 11:04:08 AM PDT by tgusa (Gun control: deep breath, sight alignment, squeeze the trigger ....)
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To: onyx
looks like it is.
8 posted on 03/23/2010 11:04:29 AM PDT by xsmommy
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To: conservativegramma

Maryland will not. O malley is busy fellating Obama.


9 posted on 03/23/2010 11:04:34 AM PDT by Venturer
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To: Credo

Ken Cuccinelli is awesome and hopefully the rocket docket will push this through quickly. Will an injunctive relief case get priority?


10 posted on 03/23/2010 11:04:45 AM PDT by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
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To: VA_Gentleman

Sic Semper Tyrannis that.

Interesting note.

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

Virginia has a statute protecting its citizens against individual mandates. Since the Federal statute is unconstitutional, there is no supremacy clause issue here.

The Commerce Clause does not apply. Since there is no commerce if someone refuses to buy Health Insurance.

It appears to me that the complaint leaves the Judge wiggle room to issue a stay on enforcement and execution of this act pending resolution.


11 posted on 03/23/2010 11:05:15 AM PDT by Credo
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To: Marathoner

You and me both...there is no use wasting our breath on any of these nincompoop Illinois politicians!


12 posted on 03/23/2010 11:05:37 AM PDT by GrannyK
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To: Venturer

I am sure McCain, Crist and Graham-nesty are assisting.


13 posted on 03/23/2010 11:05:39 AM PDT by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
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To: Credo

I also thank the Lord I and others got off our rear ends and got this man into the AG’s office.


14 posted on 03/23/2010 11:06:51 AM PDT by Credo
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To: xsmommy

WOO-HOO!

ROCKET DOCKET!

Thank you!

Now, we need an honest judge. :)


15 posted on 03/23/2010 11:06:56 AM PDT by onyx (God save our Republic!)
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To: MrChips

They need a suit in multiple circuits - then if there are conflicting results, the Supreme Court will be forced to take up the issue.


16 posted on 03/23/2010 11:06:57 AM PDT by Chet 99
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To: VA_Gentleman

There is nothing better than being a native Virginian :-)


17 posted on 03/23/2010 11:07:54 AM PDT by Protect the Bill of Rights
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To: onyx

I am sure careful consideration has been given to all of those things prior to the filing of the suits.


18 posted on 03/23/2010 11:07:57 AM PDT by xsmommy
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To: tgusa

GAME ON!


19 posted on 03/23/2010 11:07:59 AM PDT by onyx (God save our Republic!)
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To: Chet 99

I’m not a lawyer but I think if multiple districts and circuits are involved, it can get moved over to the DC Circuit. This may grease the skids to get it to SCOTUS.


20 posted on 03/23/2010 11:09:23 AM PDT by Credo
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