Del. Bob Marshall (R-Prince William) and former delegate Dick Black, now a candidate for state Senate in Loudoun and Prince William counties, filed an amicus brief with the U.S. Supreme Court, urging its review of Virginia’s appeal of the federal health care law.
A federal appeals court tossed out Virginia Attorney General Ken Cuccinelli (R)’s challenge in September. Cuccinelli, the nation’s first attorney general to file a lawsuit challenging the 2010 law, announced then that he would appeal the decision to the U.S. Supreme Court.
A three-judge panel of the U.S. Court of Appeals for the 4th Circuit in Richmond found that Virginia lacked standing to sue. In a second but divided opinion, the panel also dismissed a separate suit filed by several individuals and Liberty University, a private Christian university in Lynchburg.
“As a result of these twin rulings, the party which the court of appeals believed had standing was barred by statute from obtaining a ruling on the merits, while the party not barred by statute did not have standing,’’ Marshall wrote.
Marshall introduced the bill, which Cuccinelli relied on to file his lawsuit.
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