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
Just lurking, are ya?
You might want to lurk here:
Levin: Obama cannot continue to implement ObamaCare
Levin makes an interesting point that the Federal Judge today declined to issue an injunction because he didn’t need to. ObamaCare has been declared unconstitutional and the only thing Obama can do at this point is appeal it. And if chooses not to respect the court’s decision from today and continues to implement the law, Levin says the litigants should go right back in front of the Judge and file a contempt order:
VIDEO http://www.therightscoop.com/levin-obama-cannot-continue-to-implement-obamacare
I have to respectfully disagree — and the AG of Wisconsin obviously believes that the decision is applicable to his state since they were a party in the Fla. suit.
But, I understand that FL and WI are refusing to cooperate with ObamaCare. I think that's a good thing.
They may be on questionable legal grounds and subject to retribution/retaliation from the Obama administration, but I support them.
The truth is that Vinson's ruling puts a cloud over ObamaCare. And the appropriate response is to put a hold on it until the issue is resolved.
But, Obama isn't going to do that. He is hoping to run out the clock with appeals and either get the opportunity to replace a justice on the Supreme Court with someone of his liking, or get enough implemented that it becomes politically impossible to undo it.
I'll bet not. Go Ken.
You have to remember that our judicial system has been corrupted by "realism" that views judicial rulings as particularly hypocritical political acts; the cynically destructive 'postmodernism' that took over the rest of academia in late twentieth century is a century old, and simply called 'modernism' in American law schools.
In this environment, even a closely-written and sensible decision can be overturned by a higher court who sees as its task to carry the ball rather than to be a referee. Already state and federal functionaries intend to carry on as though the law had not just been struck down - because other courts have upheld it, so "it's not a settled issue." This is a dangerous situation, and it is not wasted time to to have a two-pronged attack on this Communist abomination, despite a favorable ruling.
Lawless Regime to Ignore Ruling
February 1, 2011
http://www.rushlimbaugh.com/home/daily/site_020111/content/01125110.guest.html
[huge snip]
CALLER: And you can buy lots of things from insurance companies. Annuities, stuff like that. Now, in a matter of the court decision, if the president goes ahead and starts enforcing the health insurance law, I believe he would be in contempt of court.
RUSH: No question about it.
CALLER: If that was a Supreme Court, a federal court decision, I think that it would be incumbent upon the US Marshals, which are the enforcement arm of the US courts, to arrest the president —
RUSH: Well —
CALLER: — and hold him for contempt of court.
RUSH: I don’t know about that. You know, those kinds of things involving presidents, I don’t know. But it is clear, it is clear that this judge has voided the law and it appears the regime is just gonna say, screw it, we’re gonna keep implementing. If they’re not stopped, keep doing it, some AG is going to have to go back to Judge Vinson and —
CALLER: And get a contempt of court ruling.
RUSH: Yeah, or some other ruling. I don’t know if it would be called contempt of court. Obama is already in contempt of the American people by just this whole health care bill in itself. He’s already in contempt of the people.
CALLER: Yes.
RUSH: He’s already doing things the American people don’t want. Now he is defying, it appears, a federal judge. The rest of us can’t do this.
CALLER: Well, if it’s a federal judge, then the US Marshals may be after him.
RUSH: Well, do you really expect that? Do you really expect the federal marshals will be knocking on the Oval Office door?
CALLER: Maybe the American people should be expecting that.
RUSH: Well, that’s a different thing. But I hear you. Don’t misunderstand. These kinds of things are different with presidents, and for certain reasons. I know that the media would have loved to frog march Karl Rove out of the Oval Office. They would have loved to frog march Bush out of there over what he said were lies about Iraq and all that. I’m glad James called because that is an illustration of the seriousness of this. We have a certain percentage of people in the country who believe the federal government’s all powerful, whatever they want to do they can do, and the judge says it doesn’t matter. People do think that presidents are above the law. And we’ve had some presidents who think they are above the law, particularly if they are confused and think that they are on some moral crusade that supersedes the law. Anyway, James, I appreciate it.
[snip]
Ken Cuccinelli is great. He pushes hard and is a REAL conservative.
Did he actually say that? Or are you just inferring it from his actions?
There is a way to combine pretrial proceedings for the same civil actions pending in multiple districts:
§ 1407. Multidistrict litigation
The actions are then remanded back to the originating district courts. But, it's still up to the original judge to make a ruling.
From a political point of view, I understand the AG's position. Even if the ruling isn't "effective" for his state, it creates enough uncertainty that it's reasonable to delay implementation until it's resolved.
Get the popcorn! This is going to turn into a fifteen round Tenth Amendment Fight Of The Century!
I would guess that as soon as some administration official tries to order the Wisconsin AG to start implementation of O-care, they go back to Judge Vinson to get a formal injunction. My question regards the jurisdiction and scope of said injunction.
sfl
Wish I had more faith in the Supreme Court.
Met this guy a few times, and he is down to earth and willing to discuss anything. I was very impressed. Even more now with his efforts here in Virginia.
Bush admim was not destroying OUR country in every way possible as fast as possible. There has to be a frog march for DICK-TATERS!
Thank God for Ken and the courageous men and women like himself. A reminder to us all that we must kick to the curb any conservative/Republican who will not act with courage to return our country to Life, Liberty and the Pursuit of Happiness. Now is NOT the time for weak, blubbering, mumbling, go along to get along politicians, who are willing to sell out this country for THEIR personal gain.
Make em’ sweat, Ken and crush the socialists/communists/revolutionaries in OUR White House.
My source is this from the NRO as posted here on FR:
"In light of Judge Roger Vinson’s ruling that Obamacare is unconstitutional, Wisconsin’s attorney general, J. B. Van Hollen, has declared the Badger State free of any obligations imposed by the law. “Judge Vinson declared the health care law void and stated in his decision that a declaratory judgment is the functional equivalent of an injunction,” Hollen says in a statement. “This means that, for Wisconsin, the federal health care law is dead — unless and until it is revived by an appellate court.”
Agreed.
A judgment is effective as to all parties in a suit. For 26 states, there is no Obamacare with which they must comply. If anybody should want review of the ruling, it ought to be the Obama Administration, which is also bound as a party.
No one tells me as a citizen which words, what books, etc. I can speak and read. Less said about the “metaphors” the better.
justlurking, this is not directed at you, but you've afforded me an opportunity to get this off my chest, and to remind others to ignore the dictates of the left.
Kagan should recuse herself because of Conflict of interest!!
She worked for “Obama as Solicitor General” blocking an suit against Obama eligibility from getting to the Supreme Court docket.
Ehh, who knows? He might actually drive a Ford. ;-)
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