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Cuccinelli Pushing to Fast-Track Lawsuit (to Supreme Court)
nbc28 ^ | Feb 03, 2011 9:51 AM | nbc29

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


TOPICS: Breaking News; Government; News/Current Events; US: Florida; US: Virginia
KEYWORDS: 10thamendment; bhohealthcare; bhoscotus; cuccinelli; federalism; healthcare; hero; kencuccinelli; lawsuit; obamacare; statesrights; va; virginia
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1 posted on 02/03/2011 7:25:34 AM PST by Matchett-PI
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To: Matchett-PI

This will panic the Crats.


2 posted on 02/03/2011 7:29:07 AM PST by screaminsunshine (Surfers Rule)
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To: Matchett-PI

Yep, go faster, Ken. Make them sweat. :-)


3 posted on 02/03/2011 7:30:03 AM PST by writer33 (Mark Levin Is The Constitutional Engine Of Conservatism)
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To: screaminsunshine; sheikdetailfeather; Fudd Fan; MinuteGal; holdonnow

Yep!

I just saw him on FMC a few minutes ago.


4 posted on 02/03/2011 7:31:38 AM PST by Matchett-PI (Trent Lott on Tea Party candidates: "As soon as they get here, we need to co-opt them" 7/19/10)
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To: Matchett-PI

FMC = FNC

Sheesh!


5 posted on 02/03/2011 7:32:30 AM PST by Matchett-PI (Trent Lott on Tea Party candidates: "As soon as they get here, we need to co-opt them" 7/19/10)
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To: Matchett-PI

Like heating up the floor under a swarm of cockroaches.


6 posted on 02/03/2011 7:32:43 AM PST by Steely Tom (Obama goes on long after the thrill of Obama is gone)
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To: writer33

The Supremes reached down and grabbed the 2000 election recount fiasco thank goodness so perhaps they will see the necessity on this issue.


7 posted on 02/03/2011 7:33:37 AM PST by tirednvirginia
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To: Matchett-PI
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

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.

ML/NJ

8 posted on 02/03/2011 7:34:04 AM PST by ml/nj
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To: Matchett-PI

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


9 posted on 02/03/2011 7:34:20 AM PST by DoughtyOne (All hail the Kenyan Prince Obama, Lord of the Skid-mark, constantly soiling himself and our nation.)
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To: tirednvirginia

It is a Constitutional issue with a lower court ruling. No reason not to grab it.


10 posted on 02/03/2011 7:35:05 AM PST by writer33 (Mark Levin Is The Constitutional Engine Of Conservatism)
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To: Matchett-PI
The Politcal Opportunist in me wants this issue to be still hanging out there for the 2012 election-- the better to torture Democrats.

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.

11 posted on 02/03/2011 7:36:21 AM PST by Lysandru
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To: Matchett-PI

Does the Justice Dept. have to agree to Fast Track?


12 posted on 02/03/2011 7:36:39 AM PST by Old Retired Army Guy (tHE)
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To: tirednvirginia

I know they do not want to do it. If the Obamunnists can not get a stay or appeal the ruling stands.


13 posted on 02/03/2011 7:37:43 AM PST by screaminsunshine (Surfers Rule)
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To: Matchett-PI
0bamacare had SCOTUS written all over it from the get-go. These cases should be fast-tracked, since the taxes commence years ahead of the actual "care."

I am also waiting with eager anticipation to see what Kagan does about recusing herself.

14 posted on 02/03/2011 7:38:49 AM PST by Miss_Meyet (Every dog has its day. Some days are longer than others.)
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To: Old Retired Army Guy

The Supremes can reach down and grab it if they want to.


15 posted on 02/03/2011 7:39:14 AM PST by tirednvirginia
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To: Matchett-PI
Where is the Supreme Court in all of this.. licking themselves or others?..
Are they asleep?.. on another planet?.. playing checkers?..
Where are they.. should they be SLAPPED AWAKE?...

-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..

16 posted on 02/03/2011 7:42:13 AM PST by hosepipe (This propaganda has been edited to include some fully orbed hyperbole....)
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To: Matchett-PI; P-Marlowe; blue-duncan; Kolokotronis; Forest Keeper; wmfights

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?


17 posted on 02/03/2011 7:42:38 AM PST by xzins (Retired Army Chaplain & proud of it: Truly Supporting the Troops means praying for their Victory!)
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To: Old Retired Army Guy
"Does the Justice Dept. have to agree to Fast Track?"

I don't know.

18 posted on 02/03/2011 7:42:43 AM PST by Matchett-PI (Trent Lott on Tea Party candidates: "As soon as they get here, we need to co-opt them" 7/19/10)
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To: Miss_Meyet
"I am also waiting with eager anticipation to see what Kagan does about recusing herself."

Cuccinelli doesn't think she will, per his comments on FNC.

19 posted on 02/03/2011 7:44:23 AM PST by Matchett-PI (Trent Lott on Tea Party candidates: "As soon as they get here, we need to co-opt them" 7/19/10)
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To: Matchett-PI
Forgive me if this has been covered but I have a question and am hoping someone who knows the answer will see this and respond. My question is in two parts:

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?

20 posted on 02/03/2011 7:44:45 AM PST by CitizenM (If we ever forget that we're one nation under GOD, then we will be a nation gone under.-Ronald Re)
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