http://voices.washingtonpost.com/virgin ... id=topnews" onclick="window.open(this.href);return false;Cuccinelli's opinion is legal guidance for local law enforcement and does not require them to act. But those on both sides of the decision believe that it provides law enforcement the legal authority to begin checking the status of immigrants immediately, if they wish.
The opinion is sure to widen a debate over illegal immigration in Virginia, where activists have said they wish to enact similar legislation to that adopted in Arizona. A federal judge has blocked key provisions of the Arizona law, including a provision that requires law enforcement to inquire about immigration status of those they have a "reasonable suspicion" might be in the country illegally. Cuccinelli filed an amicus brief supporting Arizona's position over that state's law.
NOTE: The Post now calls people who oppose illegals "activists"
In the courtroom, a federal judge rejected the Obama Administration claim that the Commonwealth had no standing to bring the challenge...and also rejected the Obama claim that the Commonwealth had no chance of winning its suit so the suit should be dismissed...Judge Hudson sided with Cuccinelli and the Commonwealth...
http://voices.washingtonpost.com/virgin ... ealth.html" onclick="window.open(this.href);return false;Virginia Attorney General Ken Cuccinelli says he's pleased with a judge's decision to allow his constitutional challenge to the federal health-care decision to proceed. Meanwhile, a spokeswoman for the U.S. Department of Justice said lawyers there are confident that the courts will ultimately decide that the law is constitutional.
Judge Henry E. Hudson on Monday refused to dismiss a Virginia lawsuit challenging the constitutionality of the federal health-care law, handing the law's foes their first victory in a courtroom battle likely to last years.
U.S. District Court Judge Henry E. Hudson rejected arguments from Obama administration lawyers that Virginia has no standing to sue over the law and no chance of ultimately prevailing in its constitutional claim.
"We are pleased that Judge Hudson agreed that Virginia has the standing to move forward with our suit and that our complaint alleged a valid claim," Cuccinelli said in a statement. "This lawsuit is not about health care, it's about our freedom and about standing up and calling on the federal government to follow the ultimate law of the land -- the Constitution."
