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COMMONWEALTH EX REL. CUCCINELLI v. SEBELIUS

Civil Action No. 3:10CV188-HEH.

728 F.Supp.2d 768 (2010)

COMMONWEALTH of Virginia ex rel. Kenneth T. CUCCINELLI, II, in his official capacity as Attorney General of Virginia, Plaintiff, v. Kathleen SEBELIUS, Secretary of the Department of Health and Human Services, in her official capacity, Defendant.

United States District Court, E.D. Virginia, Richmond Division.

December 13, 2010.

Attorney(s) appearing for the Case

Earle Duncan Getchell, Jr., Charles E. James, Jr., Stephen R. McCullough, Wesley Glenn Russell, Jr., Office of the Attorney General, Richmond, VA, for Plaintiff.

Jonathan Holland Hambrick, Office of the U.S. Attorney, Richmond, VA, Erika Myers, Ian Gershengorn, Joel McElvain, Department of Justice Federal Programs Branch, Sheila M. Lieber, United States Department of Justice, Washington, DC, for Defendant.

MEMORANDUM OPINION

(Cross Motions for Summary Judgment)

HENRY E. HUDSON, District Judge.

In this case, the Commonwealth of Virginia (the "Commonwealth"), through its Attorney General, challenges the constitutionality of the pivotal enforcement mechanism of the health care scheme adopted by Congress in the Patient Protection and Affordable Care Act ("ACA" or "the Act"), Pub. L. No. 111-148, 124 Stat. 119 (2010). At issue is Section 1501 of...

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