Cox Praises Ruling Paving the Way for Michigan Healthcare Lawsuit

Contact: John Sellek or Joy Yearout 517-373-8060

August 2,  2010

            LIVONIA, MI - Attorney General Mike Cox today praised a Virginia ruling that denied the President Obama's request to stop a Virginia healthcare lawsuit, which likely paves the way for Michigan's legal challenge to federal healthcare legislation.  Like Michigan's challenge, the Virginia case questions the federal government's authority to force Americans to purchase a product as the price of citizenship.

"Never before in our history have you had to buy something as the price of citizenship," Cox said.  "Today's ruling is a good sign for Michigan's challenge to this unprecedented overreach by Congress and the President, and I will continue to fight for the Constitutional rights of Michigan citizens, as long as it takes."

Today U.S. District Court Judge Henry Hudson issued a ruling allowing Virginia's health care lawsuit against the federal government to move forward, noting that, "Never before has the Commerce Clause and associated Necessary and Proper Clause been extended this far."

While parts of the ruling were unique to Virginia's statute banning a healthcare mandate, much of the analysis referenced the very same legal arguments at the center of healthcare lawsuit filed by Michigan and nineteen other states in March, including the federal government's claims of authority under the Commerce Clause.  

The next step in Michigan's challenge comes this Friday, August 6, 2010, when the states will file their response brief to the federal government's motion to dismiss.  Oral arguments in the case are scheduled for September 14, 2010.

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