June 17, 2011
Statement of Governor Bob McDonnell on General Assembly Redistricting Plans Receiving Department of Justice Preclearance
RICHMOND – Governor Bob McDonnell issued the following statement today following news that the U.S. Department of Justice has approved the House of Delegates and Senate redistricting plans passed by the General Assembly earlier this year.
"Today’s action by the Department of Justice confirms that the redistricting plans adopted by the House and Senate comply with the protections of the Voting Rights Act. The 2011 election cycle is already under way and will proceed as scheduled. The process to get the legislation finalized was not easy, but, following my veto, the legislature produced good bipartisan plans that complied with the constitutional and legal requirements. I commend the members of the House of Delegates and Senate for their hard work during this process. I also thank Attorney General Cuccinelli and his team for their legal insights, expertise and guidance over the past few months.
"As the General Assembly continues its consideration of congressional redistricting, I urge the General Assembly to send this final redistricting bill to my desk so that we can get that plan precleared as well."
JUDGE PERMITS VIRGINIA HEALTH CARE SUIT TO PROCEED
RICHMOND - U.S. District Court Judge Henry E. Hudson has denied the Obama administration's motion to dismiss Virginia's challenge to the federal health care overhaul package, meaning the case brought by Attorney General Ken Cuccinelli will continue.
A mandate in the federal plan requiring those without insurance to purchase it in the coming years or face a financial penalty is one of the key conflicts in the case.
Federal attorney Ian Gershengorn argued during a July 1 hearing before Hudson that Virginia lacked the legal standing to challenge the case, claiming an individual without health insurance coverage could suffer a financial injury and seek relief from the courts, not a state.
Further, he told the court, imposing such a condition falls within Congress' power to regulate interstate commerce because at some point all people will have a medical need that will require costly care, whether or not they are insured.
Cuccinelli, who was present at the hearing but deferred oral arguments to his staff, contends that he has legal standing to challenge the federal policy because the individual coverage provision clashes with a new state law exempting Virginians from such mandates.
It is his job as attorney general, Cuccinelli asserts, to defend Virginia statutes. The attorney general also argues that Congress exceeded its authority to regulate commerce by imposing the insurance mandate. In addition to Cuccinelli's suit, several other states have joined together in a challenge of the federal health care plan.
Hudson wrote in his Aug. 2 opinion that the murky question of "whether or not Congress has the power to regulate -- and tax -- a citizen's decision not to participate in interstate commerce" is one that hasn't been "squarely addressed" by federal courts.
And because both sides made cogent legal arguments on that point, Hudson added, he has declined to toss the case out of court.
Hudson's opinion concluded with a call for a hearing on the merits of both sides' claims.
Julian Walker, 804-697-1564, julian.walker@pilotonline.com
