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Cuccinelli Pushing to Fast-Track Lawsuit (to Supreme Court)
nbc28 ^ | Feb 03, 2011 9:51 AM | nbc29

Posted on 02/03/2011 7:25:27 AM PST by Matchett-PI

Attorney General Ken Cuccinelli (R) will push to fast-track Virginia's challenge of the federal health care overhaul to the nation's highest court.

Cuccinelli said the uncertainty caused by various court rulings about the constitutionality of the health care law makes expedited review a necessity.

"Currently, state governments and private businesses are being forced to expend enormous amounts of resources to prepare to implement a law that, in the end, may be declared unconstitutional," he said in a statement. "Regardless of whether you believe the law is constitutional or not, we should all agree that a prompt resolution of this issue is in everyone's best interest."

In December, a federal judge in Richmond ruled portions of President Barack Obama's health care plan unconstitutional. Another judge, this one in Florida, ruled Monday that the entire law is unconstitutional. Two other courts have upheld the act.

Virginia's lawsuit is scheduled for hearings in an appellate court this spring. But Cuccinelli's petition seeks to leap-frog that process to take his case directly to the Supreme Court. It is a highly unusual move, and one the court rarely grants.

"We did not make this decision lightly," Cuccinelli said.

The Justice Department has said it does not support putting the court battle on the fast track


TOPICS: Breaking News; Government; News/Current Events; US: Florida; US: Virginia
KEYWORDS: 10thamendment; bhohealthcare; bhoscotus; cuccinelli; federalism; healthcare; hero; kencuccinelli; lawsuit; obamacare; statesrights; va; virginia
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To: rogue yam
[ If any of your friends laughs at you and tells you that you are crazy and stupid then you should believe them. ]

OK.. right after throwing the pie..

141 posted on 02/03/2011 3:44:35 PM PST by hosepipe (This propaganda has been edited to include some fully orbed hyperbole....)
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To: Red Steel; justlurking
"If the higher courts refuses to hear the case, it is tantamount to stare decisis as they are letting the lower court ruling stand."

In this interest of factual accuracy, that is not entirely true. If the Court denies certiorari, then no binding precedent is established beyond the precedent that is established in the Circuit that the case originated.

In this particular case, we're talking about a facial challenge to the constitutionality of a federal statute. Generally speaking, that is a VERY high threshold to reach, especially since the Court decided US v. Solerno back in the late 80's. As a purely practical matter, given the importance and rarity of such cases, it's HIGHLY unlikely that if this challenge prevails on appeal (and thus far, both Hudson and Vinson found merit to the challenge), that it wouldn't be heard by the Court. Remember, you only need four to hear the case, not five.

142 posted on 02/03/2011 3:50:51 PM PST by OldDeckHand
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To: Red Steel
You left this out which modifies what I said,

Modification or not, I asked that you provide an authoritative citation or at least an example where this occurred. In contrast, I can provide a large number of counter-examples where it was not true. You can start with this list:

ACTS OF CONGRESS HELD UNCONSTITUTIONAL

Not all of those will apply. In some of them, the district court held something unconstitutional, but the circuit court disagreed, and then the Supreme Court agreed (with the district court). In others, it was the district court that got it wrong first, and the circuit court was the first to agree that it was unconstitutional.

A US district court decision does not automatically change the law in the entire US. It certainly calls things into question, but it's not even a binding precedent outside that district.

Revoking a law nationwide requires a decision by the Supreme Court, although you can achieve the same thing with a Circuit Court case that becomes precedent nationwide. That's why the Supreme Court rarely takes a case unless the Circuit Courts disagree -- there's no need.

143 posted on 02/03/2011 4:15:47 PM PST by justlurking (The only remedy for a bad guy with a gun is a good WOMAN (Sgt. Kimberly Munley) with a gun)
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To: OldDeckHand
Generally speaking, that is a VERY high threshold to reach, especially since the Court decided US v. Solerno back in the late 80's.

I looked up US v. Salerno, and I see the connection. But, I haven't been able to find out how that case played out.

It looks like the Circuit Court did indeed find the statute unconstitutional, but the Supreme Court reversed.

What happened during the period between the Circuit Court's ruling and the Supreme Court's ruling? Was Salerno released?

[My rationale for the question should be obvious: I'm trying to find some historical context for what should be happening now]

144 posted on 02/03/2011 4:35:34 PM PST by justlurking (The only remedy for a bad guy with a gun is a good WOMAN (Sgt. Kimberly Munley) with a gun)
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To: justlurking
"What happened during the period between the Circuit Court's ruling and the Supreme Court's ruling? Was Salerno released?"

Sorry, didn't mean to confuse you - probably shouldn't have mentioned that case. Relative to Obamacare, it really doesn't matter (he wasn't, he was convicted before his bail appeal could even be argued before the Court).

Salerno, as it relates to Obamacare, created (or expounded) on the standard for a facial challenge to a federal statute. That's how it's relevant. Essentially, it holds that to prevail on a facial challenge, plaintiffs must demonstrate that there are no circumstances in which the statute could be seen as Constitutional; Which, legally speaking is a fairly high threshold.

145 posted on 02/03/2011 5:11:33 PM PST by OldDeckHand
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To: justlurking
ACTS OF CONGRESS HELD UNCONSTITUTIONAL

It'd be nice if that were a declarative statement. For example, amending the First Amendment to read "Congress shall make no law."

146 posted on 02/03/2011 5:50:02 PM PST by bIlluminati (Don't just hope for change, work for change in 2011-2012.)
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To: bIlluminati

Any vice president of the United States is one heartbeat away from the presidency.


147 posted on 02/04/2011 7:22:13 AM PST by mwl8787
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To: OldDeckHand

Thanks. I have been scratching my head...that is the clearest explanation I have heard.


148 posted on 02/04/2011 7:54:43 AM PST by patton
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To: fluffdaddy

BINGO!

Spot on!


149 posted on 02/04/2011 10:08:05 AM PST by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
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To: HereInTheHeartland
Cuccinelli and others like him are firing me up, too.

They have courage. Like our soldiers, they have courage. And what is courage? Courage is fear that has said its prayers.

Let's hit our politicians with this reminder...remind Boehner, McConnell, etc. that they must find that courage within themselves, and ACT on it, for God's sake. Remind these politicians that soldiers perform with courage every day. What in the hell is their excuse for their sorry display?

150 posted on 02/04/2011 10:38:44 AM PST by itssme
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To: xzins
Does it matter which case gets fast-tracked to the Scotus? Is the Florida judge’s opinion a better than that of Virginia?

IMO, "no" to both. Due in part to the lack of a severalbility clause if it is declared unconstitutional for any state for any reason the whole thing goes down in flames.

The Virginia judge declared only the requirement to buy health insurance unconstitutional.

The problem for the libs though, and they have admitted this, is that this clause is the main thing that funds the whole program. Without forcing people to buy, there will never be enough willing participants to run it. It will collapse before it ever gets going.

Will Scotus combine them all, or will Scotus hear one to the exclusion of others?

They can do whatever they want, but my guess is that they won't combine them because the actual points of both cases are very different. However, if they rule that one is unconstitutional (and I think they will) they might refuse to rule on the other because the issue is mooted. The law would already be dead.

151 posted on 02/04/2011 10:26:22 PM PST by Forest Keeper ((It is a joy to me to know that God had my number, before He created numbers.))
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