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Could Ken Cuccinelli save health-care reform?

There's a problem on the horizon for the lawsuit against health-care reform filed by 20 attorneys general. One mounting concern about that lawsuit, I'm told, is whether a separate lawsuit filed in Virginia by Attorney General Ken Cuccinelli will complicate the fate of the bigger lawsuit. Cuccinelli's seven-page filing, which was famously rushed to the courthouse "as soon as the ink dried" on the Patient Protection and Affordable Care Act, is seen to be less airtight (a relative term in a case like this) than the bigger lawsuit. But Cuccinelli was able to file his suit in the Eastern District of Virginia, the famous (or infamous) "rocket docket." The worry is that Cuccinelli's casE is heard, and dismissed, before anyone gets to hear the larger lawsuit. If that happens, there goes the momentum, and possibly the precedent, for the legal crusade against health-care reform.

By David Weigel  |  April 23, 2010; 8:53 AM ET
Categories:  Health Care  
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