As I predicted when Cuccinelli filed suit challenging the constitutionality of Obamacare, the Obama administration has moved to dismiss it. In its motion, the government argues that Cuccinelli lacks standing to challenge the law and further that the law is a permissible exercise of the federal government's power to regulate interstate commerce.
I don't necessarily agree with the government's argument on standing, but the government is dead-on right when it comes to the constitutionality of the trillion dollar welfare blunder. I know my friends at TC have a different take on the merits of Cuccinelli's case, and I really do hope I'm wrong.
Unfortunately, I never am.
UPDATE: Cuccinelli sounds really confident about his position, putting his odds at "better than even" (note snark here). Here's what gets me though: "Cuccinelli has so far said the suit has cost the state only $350, the court filing fee, and declined to break down how much the state is paying to staff working the issue." Believe me, the AGs staff is devoting a ton of time to this, which is exactly why Cuccinelli won't even hazard a guess much less admit to it.
I highly doubt this suit is going anywhere, nor was that the major point of it. In my opinion its all about getting attention for Cooch.
ReplyDeleteIt is all about Cooch's grandstanding. That's what AGs do best.
ReplyDeleteAccording to those who understand the legal process (as Attorney General Cuccinelli clearly does), the response of the Federal Government is the defacto response. The Feds always (when sued) enter a motion to dismiss the suit. The plaintiff (Virginia) then files a counter argument, the Feds respond back and THEN the court takes the case under consideration and makes a ruling. Next, the loser in this district court then appeals (if they wish to do so) the decision to the Supreme Court. The fun is just beginning.
ReplyDeleteKeith, I don't disagree that the Feds' response is standard. What I'm saying is that it's a legal winner, too. Yes, the district court will rule - and it will be for the Feds. It will be appealed by Cuccinelli to the court of appeals as of right, where Cuccinelli will lose again. The Supreme Court need not take up the case, and my prediction is that it won't, leaving the circuit cout decision in place. There you go - five years and $1 million in lawyering in one paragraph.
ReplyDelete