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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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To: Credo

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.


21 posted on 03/23/2010 11:09:42 AM PDT by ConjunctionJunction (LOLcat sez: "ObamaCare: Do Not Want!")
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To: xsmommy

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!


22 posted on 03/23/2010 11:10:43 AM PDT by onyx (God save our Republic!)
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To: Credo

23 posted on 03/23/2010 11:11:17 AM PDT by mojitojoe (Go ahead, pass it you bastards, I will NEVER comply in any way. Read my lips, NEVER!)
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To: Chet 99

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


24 posted on 03/23/2010 11:11:47 AM PDT by MrChips (MrChips)
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To: onyx

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?


25 posted on 03/23/2010 11:12:21 AM PDT by xsmommy
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To: Credo

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


26 posted on 03/23/2010 11:12:27 AM PDT by tgusa (Gun control: deep breath, sight alignment, squeeze the trigger ....)
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To: VA_Gentleman

27 posted on 03/23/2010 11:12:50 AM PDT by USMCPOP (Father of LCpl. Karl Linn, KIA 1/26/2005 Al Haqlaniyah, Iraq)
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To: Credo

The commerce clause section of the complaint is interesting.


28 posted on 03/23/2010 11:13:17 AM PDT by Lobbyist (capitalist)
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To: ConjunctionJunction
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

29 posted on 03/23/2010 11:13:42 AM PDT by Bobby_Taxpayer (Don't tread on us...or you'll pay the price in the next election.)
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To: Credo

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


30 posted on 03/23/2010 11:13:57 AM PDT by pollywog ("Under His Wings".........Psalm 91:4)
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To: mojitojoe


Let's get this party started.
31 posted on 03/23/2010 11:14:31 AM PDT by mentor2k
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To: xsmommy

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.


32 posted on 03/23/2010 11:14:57 AM PDT by tgusa (Gun control: deep breath, sight alignment, squeeze the trigger ....)
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To: Credo

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.


33 posted on 03/23/2010 11:15:26 AM PDT by orchestra
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To: pollywog

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


34 posted on 03/23/2010 11:15:49 AM PDT by ConjunctionJunction (LOLcat sez: "ObamaCare: Do Not Want!")
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To: onyx

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.


35 posted on 03/23/2010 11:16:38 AM PDT by tgusa (Gun control: deep breath, sight alignment, squeeze the trigger ....)
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To: ConjunctionJunction

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


36 posted on 03/23/2010 11:17:07 AM PDT by pollywog ("Under His Wings".........Psalm 91:4)
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To: pollywog

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


37 posted on 03/23/2010 11:17:21 AM PDT by Lobbyist (capitalist)
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To: Venturer

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


38 posted on 03/23/2010 11:20:16 AM PDT by Lilpug15 (The Forgotten Man: He works, he votes and he generally prays - but He Always Pays": Sumner)
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To: Credo

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.


39 posted on 03/23/2010 11:20:35 AM PDT by machogirl (First they came for my tagline.)
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To: Credo

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.


40 posted on 03/23/2010 11:20:56 AM PDT by OldDeckHand (USA - b. July 4, 1776 / d. March 21, 2010)
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To: MrChips

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.


41 posted on 03/23/2010 11:20:58 AM PDT by Chet 99
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To: onyx

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


42 posted on 03/23/2010 11:23:13 AM PDT by caww
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To: Bobby_Taxpayer
"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.

43 posted on 03/23/2010 11:24:52 AM PDT by OldDeckHand (USA - b. July 4, 1776 / d. March 21, 2010)
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To: xsmommy

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.


44 posted on 03/23/2010 11:26:07 AM PDT by onyx (God save our Republic!)
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To: tgusa

GOOD idea.

Old Dominion!!!!


45 posted on 03/23/2010 11:28:14 AM PDT by onyx (God save our Republic!)
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To: Credo; EDINVA; iceskater; xyz123; Corin Stormhands; jla; Flora McDonald; GeorgeW23225; ...

“Go, Ken, Go!” ping...


46 posted on 03/23/2010 11:28:47 AM PDT by Corin Stormhands (Honk if you love Jesus. Text if you want to meet Him.)
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To: Credo

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


47 posted on 03/23/2010 11:28:54 AM PDT by NavVet ("You Lie!")
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To: Marathoner

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


48 posted on 03/23/2010 11:29:04 AM PDT by b4its2late (A Liberal is a person who will give away everything he doesn't own.)
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To: xsmommy; caww
Onyx I am hearing if they win against the mandatory purchase that the whole beast will fall...aye?

xs?

49 posted on 03/23/2010 11:29:40 AM PDT by onyx (God save our Republic!)
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To: NavVet
Why isn’t he going after the Deem and Pass angle?

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

50 posted on 03/23/2010 11:29:48 AM PDT by Corin Stormhands (Honk if you love Jesus. Text if you want to meet Him.)
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