The Other McCain

"One should either write ruthlessly what one believes to be the truth, or else shut up." — Arthur Koestler

Rock Star Attorney General Going To Bat For Virginia

Posted on | July 1, 2010 | 5 Comments

by Smitty

Ken Cuccinelli, VA AG and all around tough guy, made it to Federal Court today, reports CNSNews:

A federal judge in Richmond heard arguments Thursday on the administration’s motion to dismiss Virginia’s lawsuit challenging the new law. The Justice Department claims Virginia lacks standing to sue and that Congress acted within its constitutional authority in passing the law.

U.S. District Judge Henry Hudson said he will rule on the motion within a month.

Of course, Eric Holder’s Department OJ is so blind as not to grasp the truth in Panthergate, so maybe an imbecile opinion here is simply falling in character.
Sudden idea: how about getting “Nation of Cowards” Holder a job as a FIFA official? This would minimize his impact on justice in the US. Discuss.

Update: Just in, via email from AG Cuccinelli, emphasis original:

Dear Friends,
Today marked an important landmark in Virginia’s case to overturn the individual mandate contained in the recent healthcare bill: the first oral arguments in the case. While most of the arguments are similar to those we have laid out for you in previous emails (link to those arguments here) – there was at least one very interesting development.

Some of you might remember a conversation between the President and George Stephanopoulos back in September of last year where President Obama denied that the healthcare bill was a tax. Here is a segment from that conversation (link to the video here):

STEPHANOPOULOS: I wanted to check for myself. But your critics say it is a tax increase.
OBAMA: My critics say everything is a tax increase. My critics say that I’m taking over every sector of the economy. You know that. Look, we can have a legitimate debate about whether or not we’re going to have an individual mandate or not, but…
STEPHANOPOULOS: But you reject that it’s a tax increase?
OBAMA: I absolutely reject that notion.

Well, today, during the first oral arguments on Virginia’s healthcare case – Judge Hudson asked the attorneys for the US Government if the healthcare bill was a tax bill or a healthcare bill. The answer they gave was both!
Overall, we are pleased with how the case is proceeding, and we’ll continue to update you with its progress. If Virginia’s case survives the motion to dismiss, a summary judgment hearing is scheduled for October 18, 2010, at 9:00 a.m. to decide if the federal health care law is unconstitutional. Stay tuned.

That’s all for now!
—-
Sincerely,
[Ken’s Signature]
Ken Cuccinelli, II
Attorney General of Virginia

Category: Health Care

Comments

5 Responses to “Rock Star Attorney General Going To Bat For Virginia”

  1. RES
    July 2nd, 2010 @ 3:30 am

    “Double your taxes, double our fun, with doubletalk, doubletalk, doubletalk law.”

  2. RES
    July 1st, 2010 @ 11:30 pm

    “Double your taxes, double our fun, with doubletalk, doubletalk, doubletalk law.”

  3. Estragon
    July 2nd, 2010 @ 5:01 am

    The point Cuccinelli is celebrating is the admission that the health care bill is in fact a tax bill as well as a “health care” bill. This concession by the government opens the door to invalidation of the law on procedural grounds – Congress broke its own rules by considering a tax bill under the reconciliation process!

    This is not something experienced judges will overlook, and they would much rather avoid making some grand constitutional decision which might be overturned on appeal and embarrass them (either way they decided, this could happen), so the chance to invalidate the law on a technical point of improper procedure is the perfect answer. The judge avoids the tough question, and the obvious procedural error is more likely to be upheld on appeal, too.

  4. Estragon
    July 2nd, 2010 @ 1:01 am

    The point Cuccinelli is celebrating is the admission that the health care bill is in fact a tax bill as well as a “health care” bill. This concession by the government opens the door to invalidation of the law on procedural grounds – Congress broke its own rules by considering a tax bill under the reconciliation process!

    This is not something experienced judges will overlook, and they would much rather avoid making some grand constitutional decision which might be overturned on appeal and embarrass them (either way they decided, this could happen), so the chance to invalidate the law on a technical point of improper procedure is the perfect answer. The judge avoids the tough question, and the obvious procedural error is more likely to be upheld on appeal, too.

  5. Steady Development In The Virginia Lawsuit To Declare ObamaCareBoth An Exercise In Foolishness And Un-Constitutional, But Mostly Un-Constitutional : The Other McCain
    July 2nd, 2010 @ 2:36 pm

    […] on PJTV. In summary, Bills prescription for Americans is: All ahead, full-tilt boogy.Previously: Rock Star Attorney General Going To Bat For Virginia var addthis_append_data='false';var addthis_language='en';var addthis_options='twitter, digg, […]