Cuccinelli wins first health care victory
By Brian Kirwin | Monday, August 2nd, 2010 | PolicyIn a ruling that has liberals quaking, a federal judge denied a motion to dismiss the lawsuit by Virginia Attorney General Ken Cuccinelli to challenge Obama’s health care takeover.
Liberals hate this, because they’ve been spending the past two years attacking Ken Cuccinelli. Heck, when I’m on the WHRO What Matters roundtable, a show hardly goes by without one of the topics being Cuccinelli.
The guy keeps being right, and the left can’t stand it.
Liberals have for months claimed that Cuccinelli’s lawsuit would be dismissed because he’d have no standing in challenging a law that won’t go into effect until 2014, or that the vaunted Federal Supremacy would squash his defense of Virginia law.
And they were wrong, again. The judge could find no case when the Court decided on the question of whether the Federal Government could regulate a person’s decision not to engage in interstate commerce, and ruled that Cuccinelli had a legitimate cause of action.
October looks to be a fun month. Corrupt Charlie Rangel will be on trial for his ethics violations, corrupt Maxine Waters may well be on her way to the same fate, and Cuccinelli’s heading to a courtroom showdown with Obama’s health care takeover.
Read the entire ruling here.
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The right wants to jeer him. The left wants to censor him. Moderates usually want both. Brian Kirwin is a political consultant and public relations strategist in Virginia Beach with a lightning-rod flair. Brian also serves on the VB Arts & Humanities Commission and frequently appears on Hampton Roads theatrical stages, if only to prove that all actors aren’t liberals. Kirwin’s columns stir up debate and hit the political scene with no punches pulled.
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13 Responses to "Cuccinelli wins first health care victory"
Only a political operative like Brian could think this has been a good month for Cuccinelli. First, the debacle over the contribution to his campaign from a guy being investigated for setting up a fake charity for Navy veterans. Then the report essentially making it totally clear that the climate is warming, that if we keep pumping carbon dioxide into it, we are sowing the seeds of our own destruction, and UVA makes it clear that the attorney general will be vigorously opposed for this witch hunt, and Kirwin is so tone deaf that he decries calls from the public on his TV gig. Nice try BK but your offense is offensive.
Mike, I only second-guess myself when you agree with me.
Finally, a glimmer of sanity in an insane government. If we could only get this same judge to hear the Arizona lawsuit on immigration.
[...] This post was mentioned on Twitter by Bearing Drift, billyengland. billyengland said: RT @bearingdrift: Web: Cuccinelli wins first health care victory http://bit.ly/c8wKd1 [...]
Mike,
Quoting you: “Then the report essentially making it totally clear that the climate is warming.”
Um, what report was that again? Please don’t tell me you’re going to sell the NASA/GISS numbers that included *no* data north of 80N.
This report. Read it and weep.
http://www.ncdc.noaa.gov/bams-state-of-the-climate.
[...] of the judge’s ruling is here. Thanks to Doug Mataconis for the Twitter tip.UPDATE: Brian Kirwin at Bearing Drift:Liberals have for months claimed that Cuccinelli’s lawsuit would be dismissed because he’d have [...]
Mike, Show me a climate report that has zero influence of people who depend on anything but public funding.
Just like Byler put the kabosh on rpvb members not to help Kenny, the dems who rule the roost have silenced dissent within NOAA. Same is true at EPA. People need their jobs so they hang their heads in shame and go back to their cubicle and suffer in silence. That is why the true data is backroomed. Real unfettered gubbamint climate data is as scarce these days as virginity was at the clinton whitehouse.
Back to the OP, TWO THUMBS UP for Cooch!
Mike is exactly right. Hot Air from liberals is warming the ozone and the only way to stop it is to raise taxes.
From Cuccinelli:
“We are pleased that Judge Hudson agreed that Virginia has the standing to move forward with our suit and that our complaint alleged a valid claim,” said Attorney General Ken Cuccinelli. Cuccinelli and his legal team had their first opportunity in court on July 1, arguing that Virginia’s lawsuit was a valid challenge of the federal health care act and that the court should not dismiss the case as the federal government had requested.
The U.S. Department of Justice argued that Virginia lacked the standing to bring a suit, that the suit is premature, and that the federal government had the power under the U.S. Constitution to mandate that citizens must be covered by government-approved health insurance or pay a monetary penalty.
In denying the motion to dismiss, Judge Hudson found that Virginia had alleged a legally recognized injury to its sovereignty, given the government’s assertion that the federal law invalidates a Virginia law, the Health Care Freedom Act. In addressing the issue of Virginia’s statute, the Court recognized that the “mere existence of the lawfully-enacted [Virginia] statute is sufficient to trigger the duty of the Attorney General of Virginia to defend the law and the associated sovereign power to enact it.” He also found that even though the federal insurance mandate doesn’t take effect until 2014, the case is “ripe” because a conflict of the laws is certain to occur.
From Cuccinelli:
“This lawsuit is not about health care, it’s about our freedom and about standing up and calling on the federal government to follow the ultimate law of the land – the Constitution,” Cuccinelli said. “The government cannot draft an unwilling citizen into commerce just so it can regulate him under the Commerce Clause.”
The Court recognized that the federal health care law and its associated penalty were literally unprecedented. Specifically, the Court wrote that “[n]o reported case from any federal appellate court has extended the Commerce Clause or Tax Clause to include the regulation of a person’s decision not to purchase a product, notwithstanding its effect on interstate commerce.”
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.
From McDonnell:
“I applaud today’s decision allowing Virginia’s constitutional challenge to the Patient Protection and Affordable Care Act to move forward. Attorney General Ken Cuccinelli has brought forward a specific and narrowly tailored objection to the Act. It warrants a full and thorough hearing in our courts. It is meritorious and constitutionally correct. The requirement that all Americans must purchase health insurance or face a penalty is not permitted under the Commerce Clause of the United States Constitution. It would also violate Virginia’s Health Care Freedom Act, which was passed by a bipartisan majority of the Commonwealth’s democratically elected representatives and I signed into law this spring. I congratulate Attorney General Cuccinelli for today’s positive outcome. I look forward to the full hearing this fall.”
On this forum, with these posters, scientific evidence, why bother. Myth and ideology rule on Bearing Drift!
Following in the footsteps of Arizona lawmakers, Virginia Attorney General Ken Cuccinelli rules that state authorities can ask any suspects they stop or arrest about their immigration status.
Virginia Attorney General Ken Cuccinelli is all over the news today.
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