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All Opinions Are Local
Posted at 02:51 PM ET, 09/08/2011

No standing for Cuccinelli’s health-care suit?


The 4th Circuit Court of Appeals has ruled against both Attorney General Ken Cuccinelli’s defense of Virginia’s Health Care Freedom Act and a case brought by Liberty University challenging the constitutionality of Patient Protection and Affordability Act (or Obamacare). The Liberty University opinion (found here) roughly states that the case isn’t ripe for a court hearing, as no one has yet been forced to pay a fine for not purchasing health insurance under the individual mandate portion of the law.

In the attorney general’s lawsuit, the Appeals Court holds, oddly, that Virginia can prove no harm to itself and failed to provide a “concrete factual context” for its challenge — and so lacks standing to bring suit (that opinion can be found here).

In a briefing I had with Cuccinelli’s office last month, I was told that it was extremely rare for states not to be granted standing to sue if a state statute was in question. A majority of the 4th Circuit saw it otherwise, holding that such a reading of precedent would allow a state to:

[Continue reading Norman Leahy’s post at The Score.]

Norman Leahy blogs at The Score. The Local Blog Network is a group of bloggers from around the D.C. region who have agreed to make regular contributions to All Opinions Are Local.

By Norman Leahy  |  02:51 PM ET, 09/08/2011

 
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