Cuccinelli Files Suit Against Health Care Bill

NBC 29 News ^ | 3-23-2010 | Adam Rhew

[Frantzie]

Within minutes of President Obama's signature on a sweeping health care reform bill Tuesday, the Commonwealth of Virginia filed a lawsuit that argues the law unconstitutional. Similar moves are coming from at least a dozen other states.

"We're off in the Rocket Docket," said Virginia Attorney General Ken Cuccinelli, who filed the suit.

The Rocket Docket is what legal insiders call the United States District Court in Richmond because of its reputation for settling cases quickly. Cases that now include Virginia's lawsuit against the Obama health care law.

[Frantzie]

There is a little video of Ken there too. It is worth watching. It says he is off to the rocket docket in Richmond which is fast but the video says the battle to SCOTUS years in the making??? The video is worth watching because Ken C talks about police powers in the filing.

[P-Marlowe]

Why doesn’t he just file the suit directly with the Supreme Court?

Why waste time in the lower courts?

[Smokin' Joe]

* Section 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Maybe the wait will not be quite so long, after all.

[Frantzie]

I think you have to go up the chain. :-(

[Frantzie]

I hop so Joe. Good find. I think the District Court (rocket docket) in Richmond will be fast. Ken C said late summer now I am not sure if that is the District Court or not.

TV Judge Napolitano said because a lot does not kick in until 2014 it could slow it. However - VA AG’s Ken C said it causes a burden on the citizens and state of VA. I think the state’s burden kicks in very quickly.

[P-Marlowe]

No you don’t. The SCOTUS has original jursdiction in all cases where a state is a party.

[Frantzie]

I am not sure:

http://www.freerepublic.com/focus/f-bloggers/2480946/posts

I think Old Deck Hand talks about it in another post here a few minutes ago. I think he answers that question.

[P-Marlowe]

Have you read the Constitution?

[Frantzie]

Yes. I am not trying to hassle you but if you are correct then why did they start at the district court? I wish they would go straight to SCOTUS.

Here is a NJ case by doctors also filed in Fed District Court.

http://www.northjersey.com/news/state/032310_New_Jersey_doctors_group_files_suit_over_health_care_reform_law.html

[Smokin' Joe]

Mariner gets the credit:The Original Jurisdiction of the USSC - Healthcare

[P-Marlowe]

I suppose he can file it in the District Court if he wants, but the Constitution is quite clear that if Virginia is suing the United States that the Supreme Court has Original Jurisdiction over the case. I think maybe he’s just another idiot politician who hasn’t bothered to read the four page founding document known as the Constitution.

[Frantzie]

I wish I knew. I think any new states are not going straight to SCOTUS. Maybe they want to show they went through all the courts to avoid looking partisan. I say the sooner the better.

[Abundy]

Just thinking maybe these AG’s are looking, not only for injunctions at the Federal Circuit/District Court level, but also discovery and creating enough opinions against the law from various circuits that USSC has to take up the issue...

[Cyropaedia]

Just thinking maybe these AG’s are looking, not only for injunctions at the Federal Circuit/District Court level, but also discovery and creating enough opinions against the law from various circuits that USSC has to take up the issue...

Very good point.

[HokieMom]

BTTT

[Frantzie]

I think you may be right. If it is coming from various circuits and various states SCOTUS cannot dodge it.