Monday, October 4, 2010

Virginia Health Care Lawsuit - #2219 - Current Status of Lawsuit against the Federal Govenment - Cuccincelli Compass

We are in the middle of the summary judgment phase of the health care case in the district court in Richmond, and I wanted to give you an update of where we stand at the moment and what's coming next. On August 2nd the judge in our case rejected all four of the feds' arguments for why Virginia's case should be dismissed, and that as part of his ruling, the judge noted how extraordinarily far the federal government is reaching (in a constitutional sense) in the federal health care law. On September 3rd, both Virginia and the federal government filed their motions for summary judgment. As the name implies, these motions are requests by each side to the court to rule "summarily," i.e., without a trial, in their favor. On September 23 both sides filed their opposition to the other parties' motion for summary judgment. Three things stood out most to me in the feds' opposition to our summary judgment. One appears generally in the brief, while the other two both relate specifically to the discussion regarding the appropriate remedy if the court rules in Virginia's favor by declaring the individual mandate unconstitutional.....
On Monday, October 4th, each side will file its final brief (the reply brief) AND all of the amicus briefs will be filed that day as well. On October 18th, we will be back in court for the summary judgment hearing. This is where the constitutionality of the individual mandate will be openly debated in court. At some point thereafter, perhaps around the end of November, the judge will likely issue an order with his ruling. Read more........

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