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COMMONWEALTH EX REL. CUCCINELLI v. SEBELIUS

Civil Action No. 3:10CV188-HEH.

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.

August 2, 2010.

MEMORANDUM OPINION (Defendant's Motion to Dismiss)

HENRY E. HUDSON, District Judge.

This is a narrowly-tailored facial challenge to the constitutionality of Section 1501 of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010). This provision, in essence, requires individuals to either obtain a minimum level of health insurance coverage or pay a penalty for failing to do so. According...

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