Should health care pass in Congress this weekend, Attorney General Ken Cuccinelli indicated moments ago on Fox News with Greta Van Susteren that the Commonwealth is in good position to sue the Federal government over this statute using the justification of Del. Bob Marshall’s HB10 and the unconstitutionality of “Deem and Pass”.
Also during the interview, Cuccinelli referred to the Eastern District of Virginia’s federal court system as the “rocket docket”. I asked him about this today….
“As the Attorney General my duty is to defend the Virginia and United States Constitutions. For us, we have jurisdiction in Virginia and are lucky to have the Eastern District of Virginia’s “rocket docket” right here. Its affectionately called the “rocket docket” because our judges have moved cases along quickly compared most every other district in the country. Having practiced in EDVA for years, I know the Commonwealth’s case will be heard quickly.”
Thank God for last Nov. 3.
Video update forthcoming.
First…more from Del. Bob Marshall and HB10:
Update: Heritage has a brilliant post, with commentary from former U.S. Attorneys General Ed Meese and William Barr and on how the process of “deem and pass” is undermining the rule of law.
“The convoluted and questionable method under discussion by both Houses of Congress for final passage of the long-debated health care legislation raises serious constitutional concerns, which, at best, will lead to protracted and wholly avoidable litigation and continued doubt about the bill’s validity. Members of Congress from both parties have criticized the use of such sleights of hand, and The Washington Post has rightly editorialized against such “unseemly” and “dodgy” maneuvers for the health care bill. Beyond the obvious practical concerns shared by all citizens, the use of such obscure “rules” for final passage is even harder to justify in light of the real constitutional doubt and the erosion of public confidence in government that it will cause.”
