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Statement from Attorney General Cuccinelli
Eleventh Circuit Court of Appeals ruling on the federal health care law
RICHMOND (August 12, 2011) – Statement of 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.
A copy of this news release may be found on the website of the Attorney General of Virginia at http://www.vaag.com/Media%20and%20News%20Releases/News_Releases/index.html.
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