Skip to comments.Cuccinelli Pushing to Fast-Track Lawsuit (to Supreme Court)
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
This will panic the Crats.
Yep, go faster, Ken. Make them sweat. :-)
I just saw him on FMC a few minutes ago.
FMC = FNC
Like heating up the floor under a swarm of cockroaches.
The Supremes reached down and grabbed the 2000 election recount fiasco thank goodness so perhaps they will see the necessity on this issue.
People are saying that it is unconstitutional for the Federal Government to require citizens to buy something.
I'm pretty sure that there was a time when most felt it was unconstitutional for the Federal Government to force the States to buy anything.
That ruling the other day, the one that deemed the Health Care bill to be unconstitutional, was like a light being turned on while the cockroaches were playing. Look at them go...
I’d love to see this slapped down by the SCOTUS today. That’s not possible, but soon...
Can you sand “RAID”... LOL
It is a Constitutional issue with a lower court ruling. No reason not to grab it.
The Patriot in me wants Obamacare killed ASAP.
My only fear is that the SCOTUS may punk out and not kill it. But then again, that would keep the issue alive.
Does the Justice Dept. have to agree to Fast Track?
I know they do not want to do it. If the Obamunnists can not get a stay or appeal the ruling stands.
I am also waiting with eager anticipation to see what Kagan does about recusing herself.
The Supremes can reach down and grab it if they want to.
-OR- was Alito and Roberts put in there by George Bush to hamstring the court..
To make them worthless and elite?..
Both Bush's as President were ridden by democrats like rented donkeys.. its true..
Cloward-Piven seems to have been very well thought out..
From the Clintoons to the Bush's to the Obamanoids..
Does it matter which case gets fast-tracked to the Scotus? Is the Florida judge’s opinion a better than that of Virginia?
After all, it was the Florida opinion that declared all of Obamacare unconstitutional since there was no severability clause. The Virginia judge declared only the requirement to buy health insurance unconstitutional.
Will Scotus combine them all, or will Scotus hear one to the exclusion of others?
I don't know.
Cuccinelli doesn't think she will, per his comments on FNC.
If the Health Care bill is ruled "unconstituional" by a state judge, and/or...eventually...the Supreme Court - then would/will it be necessary to hold a vote in the Senate to repeal it?
And now...in Florida, since the HC Bill has been proclaimed unconstituional in that state -- should Florida's senators even vote (and have a countable vote)on something that is not applicable in their state? It seems to me that they can hardly approve/support or vote to repeal the bill that has been deemed unconstituional in their own state.
Isn't voting on something that is denied to have any enforceable merit by our Constitution just a waste of taxpayers' money and senators' time anyway?
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