1. State sovereign standing: often overlooked, but not forgotten
- Author
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Cuccinelli, II, Kenneth T., Getchell, Jr., E. Duncan, and Russell, Jr., Wesley G.
- Subjects
Sovereignty -- Laws, regulations and rules ,Standing (Law) -- Laws, regulations and rules ,Health insurance -- Laws, regulations and rules ,Government regulation ,Law ,Massachusetts v. Mellon 262 U.S. 447 (1923) (262 U.S. 447 (1923)) ,Virginia v. Sebelius 728 F. Supp. 2d 768 (E.D. Va. 2010) (728 F. Supp. 2d 768 (E.D. Va. 2010)) ,Patient Protection and Affordable Care Act ,Virginia. Health Care Freedom Act - Abstract
Critics of Virginia's challenge to the constitutionality of the Patient Protection and Affordable Care Act have asserted that Virginia lacked standing to even raise the issue. Such criticism is inconsistent with foundational understandings of the role of states in providing a check on federal power and with the modern standing jurisprudence of the Supreme Court, especially as reflected in the Court's decisions regarding a state's sovereign interest in defending its code of laws. This Article demonstrates that, as a matter of constitutional design and history, as well as under relevant precedents, Virginia clearly had and has standing to bring its challenge., INTRODUCTION I. VIRGINIA V. SEBELIUS: VIRGINIA'S CLAIM OF SOVEREIGN INJURY II. REFEREEING DISPUTES BETWEEN CO-SOVEREIGNS: THE HISTORICAL ROLE OF THE FEDERAL COURTS III. STATE SOVEREIGN STANDING: MASSACHUSETTS V. MELLON AND [...]
- Published
- 2012