Cuccinelli talks about planned health care reform lawsuit

WSLS 10 ^ | 3-23-2010 | WSLS News Staff

[Frantzie]

ROANOKE - A “dramatic overreach of power.“ That’s how Virginia Attorney General Ken Cuccinelli described the health care reform bill that passed the House of Representatives Sunday night.

In an interview with Washington D.C. NBC affiliate WRC on Monday, Cuccinelli laid out his justification for plans to file a lawsuit against the federal government over health care reform.

[Frantzie]

"Cuccinelli believes if only Virginia’s case is heard, then it will proceed relatively quickly through the first two federal court steps."

"The first step: The Eastern Virginia District Court. Multiple times during the interview, Cuccinelli cited the court’s nickname as the “rocket docket” for having the fastest case hearings in the country among federal district courts."

"The second step: The 4th Circuit Court of Appeals. The 4th Circuit hears cases in Richmond, and handles appeals cases from a number of eastern states."

"Cuccinelli estimated that Virginia’s case could be through the Eastern Virginia District Court by the end of Summer, and through the 4th Circuit a year after that if heard by itself. If combined with lawsuits filed by other states, Cuccinelli said he would know how long that could take."

"The Attorney General believes that the only way the lawsuit does not go to the U.S. Supreme Court, is if all federal appeals court agree on their rulings. If there’s a split decision in one appellate court, then it would almost certainly head to the highest court in the U.S. Cuccinelli said."

Looks like it could take a year to get to SCOTUS? We have to win the House and DEFUND it in Jan 2011.

[mlocher]

The Attorney General believes that the only way the lawsuit does not go to the U.S. Supreme Court, is if all federal appeals court agree on their rulings. If there’s a split decision in one appellate court, then it would almost certainly head to the highest court in the U.S. Cuccinelli said.

I respectfully disagree with Mr. Cuccinelli. This goes to the Supreme Court even if the Circuit Court of Appeals sides with Cuccinelli. The Obama Justice Dept. will take it there.