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In unusual step, Va. atty gen. asks SCOTUS to take up health care now
msnbc ^ | 2/9/2011 | Pete Williams

Posted on 02/09/2011 4:16:22 PM PST by mdittmar

From NBC's Pete Williams
What's the point, asks Virginia's attorney general, of letting the federal appeals courts chew over the constitutionality of the health care law when only the U.S. Supreme Court can decide whether it's willing to expand the powers of Congress?

That's the question at the heart of an unusual request filed Wednesday by Virginia, asking the Supreme Court to bypass the appeals courts and take up a review of the health care law as soon as possible. The Supreme Court grants such requests exceedingly rarely, and one justice signaled just last week that she would resist such a move.

The Justice Department has already indicated it will oppose this request.

Ken Cuccinelli (R), Virginia's attorney general, argues that this is the kind of case the justices should take up, because conflicting district-court decisions about the constitutionality of the health-care law have left states and businesses unsure about which requirements, if any, will survive the legal battle.

"States, citizens, and the economy remain mired in uncertainty," he says in his court filing. "Citizens and businesses are widely believed to be reducing spending and delaying hiring in response to the overhand of uncertainty."

Allowing lawsuits filed by Virginia and other states to take their normal course through the appeals courts "will not further focus the controlling issues," Cuccinelli writes. "It is not clear to what extent the courts of appeal are even entitled to engage in independent legal development in the face of binding precedent" from the Supreme Court.

(Excerpt) Read more at firstread.msnbc.msn.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; US: Virginia
KEYWORDS: bho44; cuccinelli; lawsuit; virginia

1 posted on 02/09/2011 4:16:24 PM PST by mdittmar
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To: mdittmar
and one justice signaled just last week that she would resist such a move.

Would those idiot lawyers playing judges rather see a CIVIL WAR to restore our Republic OR would the like to get off their a$#$# and do their job?

The right answer is pretty obvious and WE THE PEOPLE ARE WATCHING

2 posted on 02/09/2011 4:23:56 PM PST by politicianslie (A taxpayer voting for Obama is like a chicken voting for Colonel Sanders)
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To: politicianslie

We could use another good killing..

Hell of a thing to say aint it?


3 posted on 02/09/2011 4:27:36 PM PST by crz
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To: mdittmar

Taking over the entire health care system was kind of an “unusual step.”

“Change” results in lots of “unusual steps.”


4 posted on 02/09/2011 4:36:19 PM PST by Steely Tom (Obama goes on long after the thrill of Obama is gone)
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To: mdittmar
"Unusual"....so THAT'S the spin, now?

lol.

5 posted on 02/09/2011 4:38:40 PM PST by Psycho_Bunny (Hail To The Fail-In-Chief)
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To: politicianslie
Would those idiot lawyers playing judges rather see a CIVIL WAR to restore our Republic OR would the like to get off their a$#$# and do their job?

Personally I have more trust & faith in a civil war to restore our Republic, rather than a swing 5-4 court that is anyone's guess as to how this would be ruled on. Our judicial branch is largely a piece of socialist, left-wing, hate-America crapola that has destroyed much of our country with their legislative activist rulings.

6 posted on 02/09/2011 4:47:56 PM PST by rcrngroup
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To: mdittmar

What is it with these states that they feel it is necessary to ask permission from any branch of the federal government to reassert their 10th Amendment rights when it is all three branches who are usurping those rights? The states and the people are the most powerful branch of government. All they need to do is reassert their 10th Amendment rights by telling the federal government they will not comply with Unconstitutional Obamacare or any other Unconstitutional act of Congress!


7 posted on 02/09/2011 4:54:00 PM PST by Defend Liberty
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To: Defend Liberty

That’s because the 10th amendment is meaningless.


8 posted on 02/09/2011 4:58:35 PM PST by Huck (one per-center)
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To: mdittmar

“The Justice Department has already indicated it will oppose this request.”

Shouldn’t the Justice Department recuse itself from any involvement?
1. First, the JD itself is lawless, having demonstrated repeatedly its inability to even-handedly enforce the law;
2. Second, the administration it is representing is lawless, having demonstrated repeatedly its willingness to ignore judicial rulings in favor of implementing unconstitutional executive orders and statutes.


9 posted on 02/09/2011 6:22:02 PM PST by DrC
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To: Huck
That’s because the 10th amendment is meaningless.

Only to you Huck.
10 posted on 02/09/2011 7:20:59 PM PST by Defend Liberty
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To: Defend Liberty
Nope. Not just to me. It's a tautology. That's why it's proven so worthless over the years. It adds nothing at all. It says the powers not delegatd to the fedgov are reserved to the states/people. Ok. Duh. But the major question that arises is whether or not a power is delegated. The 10th does absolutely NOTHING to answer that question. And so it is useless.

The Congress still passes whatever laws it pleases. And if a state or person sues, it's still up to the federal judiciary to decide if it is a fed power or not. The 10th adds absolutely nothing to the debate at all.

11 posted on 02/09/2011 8:38:41 PM PST by Huck (one per-center)
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