Obama administration seeks dismissal of suit

By Ryan Nobles - bio | email
Posted by Terry Alexander - email

RICHMOND, VA (WWBT) – The Obama administration is responding to Attorney General Ken Cuccinelli's lawsuit to block the federal health care reform plan.

Lawyers for the Obama administration want the suit dismissed. They claim the health care reform plan is well within the powers of the federal government.

The crux of the lawsuit is that the federal government is overstepping its reach in requiring Virginians to purchase health insurance. The Virginia General Assembly overwhelmingly passed a law that would make that mandate illegal.

However the Obama administration is arguing that the Commerce Clause grants the Congress the right to require a health insurance mandate, and therefore the lawsuit has no merit.

Attorney General Ken Cuccinelli disagrees. He said in a statement tonight that: "Just being alive is not interstate commerce. If it were, there would be no limit to the Commerce Clause and to Congress's authority to regulate everything we do. If Congress has the power to force Americans to buy health insurance, then there's nothing to stop Congress from forcing us to buy any product."

Cuccinelli has until June 7 to respond to this motion to dismiss and then the feds will have one final opportunity to respond on June 22. After that it will be in the hands of a judge.

You can read the motions yourself. Just click on the links to the right of this article. 

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