Virginia Tells Appeals Court Entire Healthcare Law Should Be Held Unconstitutional.

Virginia Tells Appeals Court Entire Healthcare Law Should Be Held Unconstitutional.

The AP (3/29) reports that “Virginia’s attorney general has filed additional court papers arguing that the Obama administration’s healthcare reform law is unconstitutional.” The AP adds that the “69-page brief filed Monday urges the 4th US Circuit Court of Appeals to strike down the entire law.” Notably, “Attorney General Ken Cuccinelli says in the brief that US District Judge Henry Hudson correctly ruled that a provision requiring citizens to buy health insurance or pay a penalty is unconstitutional.” He adds that the requirement is equivalent to a federal police power.

        CQ HealthBeat (3/29, Norman, subscription required) reports that “Virginia Attorney General Kenneth Cuccinelli says in an appeals court brief filed Monday that it was ‘erroneous’ for a federal district judge to declare that only the healthcare law’s individual mandate is unconstitutional.” CQ adds that “Cuccinelli argues that the US Court of Appeals for the 4th Circuit should throw out the entire law, not just the requirement that all Americans have health insurance.” CQ notes that oral arguments in the case are “scheduled for May 10 before the appeals court, which is based in Richmond, Va.”

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