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View Diary: UPDATED: Details of Virginia's Lawsuit to Stop HCR (87 comments)

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  •  They do seem to be making a vague 10th Amendment (0+ / 0-)

    claim, which is probably all that's necessary under the Federal pleading standard. I don't think the claim has any merit, but I don't think it's weak enough to be dismissed for failure to state a claim.

    Ok, so I read the polls.

    by andgarden on Tue Mar 23, 2010 at 10:31:44 AM PDT

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    •  I really think they're at the edge (0+ / 0-)

      There has to be a showing of a good faith argument.  Of course a judge gets to determine that.  By all appearances from the cable channel shows, to right wing fundraising, to no cases being cited, it could be concluded that these are connected.  

      If that were the case a judge could conclude it is a frivolous complaint, but I'll give you, it'll be a tough determination.

      •  Well, they'd find it easier (0+ / 0-)

        to survive 12(b)(6) under Conley than Iqbal. But the conservatives on the Court are responsible for that. . .

        Ok, so I read the polls.

        by andgarden on Tue Mar 23, 2010 at 10:38:13 AM PDT

        [ Parent ]

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