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Supreme Court Rejects Quick Review of Health Care Law
By not in system - AOL NewsWASHINGTON -- The Supreme Court rejected a call Monday from Virginia's attorney general to depart from its usual practice and put review of the health care law on a fast track. Instead, judicial review of President Barack Obama's signature legislation will continue in federal appeals courts. The justices turned down a request by Virginia Attorney General Ken Cuccinelli, a leading opponent of the law, to resolve questions about its constitutionality quickly. The Obama administration opposed Cuccinelli's plea. Only rarely, in wartime or a constitutional crisis, does the court step into a legal ...
Supreme Court Should Decide Fate of Health Law Promptly, Officials Say
By Tom Diemer - Politics DailyA Democratic senator from Florida and Virginia's attorney general both want the U.S. Supreme Court to quickly step in and decide the constitutionality of the disputed health care reform law. Lower court rulings have muddied the outlook for the new law, especially regarding its mandate that all adults buy medical insurance. Sen. Bill Nelson (D-Fla.) is urging the Senate to approve a non-binding resolution calling on the high court to jump in right away, since appeals of lower court opinions are headed its way anyway. In Virginia, Republican Attorney General Ken Cuccinelli said Thursday he ...
Severability Clause at Heart of Judge Vinson's Ruling That 'Obamacare' Is Unconstitutional
By Torie Bosch - AOL NewsA federal judge in Florida has ruled that the federal health care overhaul legislation is unconstitutional. Why? Because the legislation did not include a severability clause. The severability clause problem is related to perhaps the most controversial part of the law: the mandate that requires all Americans to possess health care coverage. Roger Vinson, the federal judge behind today's ruling, agreed with plaintiffs who argued that if the mandate is unconstitutional, the entire law should be struck down. That's because the legislation lacked the so-called "severability clause," which ...
Judge Henry E. Hudson: 5 Facts About the Man Who Declared Obamacare Unconstitutional
By Steven Hoffer - AOL News(Dec. 13) -- U.S. District Judge Henry E. Hudson became the first judge to rule against President Barack Obama's health care reform legislation on Monday, declaring portions of it to be unconstitutional. Despite previous federal decisions in Virginia and Michigan upholding the legislation, Hudson sided with Virginia Attorney General Kenneth Cuccinelli, ruling that the government does not have the constitutional power to insist that its citizens purchase health insurance. "Of course, the same reasoning could apply to transportation, housing or nutritional decisions," Hudson wrote in the ...
Key Provision of Health Care Law Unconstitutional, Federal Judge Rules
By Christopher Weber - Politics DailyIn a major blow to the White House, a federal judge in Virginia ruled Monday that a key provision of the new national health care reform law is unconstitutional. U.S. District Court Judge Henry Hudson said that forcing individuals to purchase health insurance was in violation of the Constitution's "commerce clause," The Washington Post reported. The courts cannot enforce the law's requirement that Americans be fined if they don't have health insurance by 2014, the judge said in a 42-page opinion. "Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce ...
Va. Tea Party Pushes 'Don't Tread on Me' License Plates
By John O. Membrino - AOL News
(Nov. 12) -- Tea party activists in Virginia are rallying supporters to have the state issue specialty license plates bearing the "Don't Tread on Me" motto adopted by the movement. Republican state Del. John O'Bannon has proposed a bill to establish the license plate modeled on the historic Gadsden flag, which features the rallying cry and a rattlesnake on a yellow background, The Virginian-Pilot newspaper reported. A group known as 912 Richmond VA, an affiliate of the Virginia Tea Party Patriots, is spearheading the move on its website. Wikimedia Commons Virginia tea party activists are ...
Virginia Abortion Clinics Can Face Tougher, Hospital-Like Standards, State AG Says
By Tom Diemer - Politics DailyVirginia Attorney General Ken Cuccinelli II says abortion clinics can be subjected to stricter, hospital-like standards if the commonwealth's Board of Health so decides. Virginia "has the authority to promulgate regulations for facilities in which first trimester abortions are performed . . . as long as the regulations adhere to constitutional limitations," Cuccinelli said in a non-binding opinion Monday. That could include requiring abortion doctors to hold hospital privileges, mandating professional training for counselors and ordering structural changes for buildings, according to the ...
Virginia Isn't for Obama Lovers: Pair of Rulings Escalates Key Political Fights
By David Knowles - AOL News(Aug. 2) -- Virginia may be for lovers, but given recent developments there, the state isn't giving much love to President Barack Obama. In 2008, Obama became the first Democrat in 44 years to take the state of Virginia, defeating Republican rival John McCain by a margin of more than 8 percentage points. Just one year later, however, independent voters swung in the other direction and helped elect conservative Republican Bob McDonnell as governor. In 2010, McDonnell was cast as Obama's foil as he was tapped to deliver the televised rebuttal to the president's State of the Union address. ...
Virginia Attorney General Defends Health Care Lawsuit
By Christopher Foeckler - AOL NewsMANASSAS, VA. (June 26) -- "This isn't about health care; it's about liberty," Virginia Attorney General Ken Cuccinelli said at a tea party rally here, explaining his lawsuit against the new federal health care law. Cuccinelli and more than a dozen other state attorneys general filed suit against the law on constitutional grounds. Cuccinelli recently hosted an open-forum webcast to field questions from all sides on the effort, and several hundred people attended the Friday night rally, held about 30 miles from Washington, D.C. "Government expansion has been going on for a long time," said ...
Republicans Poised for Virginia Comeback
By Bruce Drake - Politics DailyRepublican Bob McDonnell leads Democrat Creigh Deeds by 56 percent to 42 percent with 2 percent undecided in Public Policy Polling's final survey of the Virginia governor race. The poll was conducted Oct. 30-Nov. 1. ...
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