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McDonnell: Cuccinelli suit won't hurt other anti-HCR lawsuits

After a speech to a meeting of Republican Party state chairman in National Harbor, Md., I asked Virginia Gov. Bob McDonnell about an issue that several conservatives, including attorneys general, have brought up to me. Could the anti-health care reform lawsuit that Attorney General Ken Cuccinelli filed be more quickly dispatched than the lawsuit filed by more than 20 other attorneys general? And if so, would that create a precedent that hurts that suit?

"No," said McDonnell. "One of the reasons I think the attorney general decided to go first and separate is that we have a unique Virginia statute, that I signed a couple of months ago, that makes it a violation of Virginia state law to mandate that a citizen purchase a product of insurance. So it gives us a separate claim for standing, a separate statutory basis to claim that the federal statute is in violation of the Commerce Clause. They're similar but different legal arguments. Whether ours is first or last, whether we win or lose, I don't think it affects what happens with the Florida lawsuit."

By David Weigel  |  May 12, 2010; 2:19 PM ET
Categories:  Health Care  
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