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Virginia Politics
Posted at 12:30 PM ET, 11/14/2011

Supreme Court hears health care case, but not Virginia’s

As our colleague, Robert Barnes reported earlier Monday, the U.S. Supreme Court will hear a challenge to the health-care law passed last year.

The court will decide whether the law exceeded Congress’s power by requiring almost all Americans to have
Virginia Attorney General Ken Cuccinelli (AP Photo/Steve Helber)
health insurance by 2014 or pay a penalty; whether the law can survive without the individual mandate; and whether it is premature for the court to pass judgment on the act.

The case is based on a lawsuit brought by Florida and 25 other states and the National Federation of Independent Businesses. But it does not include Virginia’s case.

Virginia Attorney General Ken Cuccinelli (R) was the nation’s first attorney general to file a lawsuit challenging the 2010 law. But a three-judge panel of the U.S. Court of Appeals for the 4th Circuit in Richmond tossed out his case, saying Virginia lacked standing to sue.

Cuccinelli spokesman Brian Gottstein declined to comment except to say the office is waiting for the Supreme Court to meet Nov. 22 to consider whether to grant Virginia’s case a hearing.

“Today’s news that the Supreme Court will hear arguments, possibly as soon as March, is reassuring news that we will soon reach finality on this critically important issue.” Virginia Gov. Bob McDonnell (R) said in a statement Monday. “I am confident that the court will find that the act does overreach and is unconstitutional.”

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By  |  12:30 PM ET, 11/14/2011

 
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