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Cuccinelli expresses disappointment in Fourth Circuit’s ruling in health care case

This was not an unexpected result from the 3 judge panel. They were all liberals and I have already written about the predicament they find themselves in. A ruling in favor of ObamaCare and Cuccinelli gets to decide the next venue for appeal: The full court, or the Supremes. The justices were smart and avoided the real question: Can the Federal Government force us to purchase GM cars, broccoli or Health Care. This one was thrown out on what most would call a “technicality”.

Not unexpected from 3 Constitutionally Blind Justices.

Here is what AG Ken Cuccinelli had to say, and yes, he will appeal.

RICHMOND, VA (September 8, 2011)- Virginia Attorney General Ken Cuccinelli responded today to the U.S. Fourth Circuit Court of Appeals decision in Virginia’s lawsuit against the federal government’s health care reform act.

“Obviously, we are disappointed in the ruling. Our disappointment not only stems from the fact that the court ruled against us, but also that the court did not even reach the merits on the key question of Virginia’s lawsuit-whether Congress has a power never before recognized in American history: the power to force one citizen to purchase a good or service from another citizen,” said Cuccinelli.

In summarizing the ruling, Cuccinelli noted that, by resting its decision on an alleged lack of standing by the commonwealth to even bring its lawsuit, the court dismissed Virginia’s claimed injury as illusory.

“Contrary to the court’s suggestion, this suit has always been about vindicating the power of the Virginia General Assembly to legislate about a subject that has historically been viewed as falling within the areas the Constitution left to the states. Health, safety, and welfare issues have long been recognized as being part of the powers reserved to the states by the Constitution,” Cuccinelli said.

Cuccinelli noted that the court’s stated reasons placed the ruling’s reasoning at odds with constitutional design. “In rejecting Virginia’s right to bring the action, the court said that allowing such suits would allow the states to serve as ‘roving constitutional watchdogs.’ This was exactly a role that the Founding Fathers planned for the states to have. As James Madison wrote, under the Constitution, ‘the power surrendered by the people is first divided between two distinct governments…Hence a double security arises to the rights of the people. The different governments [state and federal] will control each other…'”

Cuccinelli continued, “Not only does the court’s opinion reject the role of the states envisioned by the Constitution, it dismisses an act of the Virginia General Assembly-the Health Care Freedom Act-as a mere pretense or pretext. It is unfortunate that the court would be so dismissive of a piece of legislation that passed both houses of a divided legislature by overwhelming margins with broad, bipartisan support.”

Cuccinelli vowed to appeal the court’s ruling.

About Tom White

Tom is a US Navy Veteran, owns an Insurance Agency and is currently an IT Manager for a Virginia Distributor. He has been published in American Thinker, currently writes for the Richmond Examiner as well as Virginia Right! Blog.Tom lives in Hanover County, Va and is involved in politics at every level and is a Recovering Republican who has finally had enough of the War on Conservatives in progress with the Leadership of the GOP on a National Level.

One Response to “Cuccinelli expresses disappointment in Fourth Circuit’s ruling in health care case”

  1. Anonymous says:

    I'm positive that this will go to the Supreme Court, but I'm concerned on the impact on the American perception of our jurisprudence. If we can agree, as Conservatives and as Liberals, to accept a Supreme Court verdict (not agree with, but accept it), then we don't have an issue. But I'm not entirely convinced of this. I see a defeat for the Patient Protection and Affordable Care Act in the courts as fodder for the Left's "Corporatist and Fascist Citizens-United shrills who hate everything America stands for and are not judicially active enough!" line. If the Individual Mandate is upheld (Kennedy joins the 4 Liberals; not inconceivable), I see Conservatives disowning the very legal system they have used to oppose the President's and the Democrats' actions and crying out against an "Activist, secular judiciary of the Socialism". Either way, we'll have a situation of "My respect for the Law is limited to my support of its interpretation". That's a dangerous course. We can disagree with a Court's interpretation of our Laws; they are by no means the end all of discussion and thought. But I am concerned over the course of our own respect for our legal institutions if this somehow does not go a certain way.

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    Tom White Says:

    Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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