Friday, August 12, 2011

Cuccinelli waits for 4th circuit ruling but pleased with Atlanta ruling

Attorney General Ken Cuccinelli

“I am pleased that the Eleventh Circuit Court of Appeals found the individual insurance mandate and penalty unconstitutional. The court determined that the power to force one citizen to purchase a good or service from another is outside the established outer limits of both the Commerce Clause and the Necessary and Proper Clause. The court also ruled that although the president and Congress want to now call the penalty a tax to make it pass constitutional muster, the penalty cannot be sustained under the federal government’s taxing authority because the penalty is clearly not a tax.

“I congratulate our fellow attorneys general in this major victory, and although this court is not in our circuit, I am pleased that the judges ruled in favor of the two key arguments that are present in our Virginia suit.”

Virginia’s case was heard May 10 in the Fourth Circuit Court of Appeals. A ruling has not yet been issued.

Posted By Valerie Garner

Categories: National, Politics, State Politics

Tags: , , ,

Comments (1)

Jack Mcguire

August 13th, 2011 at 8:02 AM    

The mandate gives govt. unprecedented power forcing citizens to buy a product, not once, but for the rest of their lives. The fact that only 2 judges have gone against their party in their findings shows that this will decided by partisanship.. not the merits.
If the govt. can force you to buy this product..what next?

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