03-23-2010, 07:24 PM
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#123 (permalink)
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Psycho
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Quote:
Originally Posted by dc_dux
As has been noted before, the Constitutional argument is weak....both in terms of the taxing powers and the commerce clause....even many conservative Constitutional lawyers admit as much.
But it might make an interesting case....if it ever gets to the Supreme Court.
And, it probably wont happen any time soon.
First, there is the question of legal standing. Do the Republican State AGs (most of whom probably want to run for governor in the future) even have legal standing to sue?
They (and the state) are not the potentially injured party. That would be the persons forced to buy insurance or pay the tax.
And then, can those potentially injured parties sue before they are injured? That is, before they are forced into buying insurance or paying and tax, which wont happen until 2014.
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Fact;
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Cuccinelli sues federal government to stop health-care reform law
By Rosalind S. Helderman Washington Post Staff Writer Wednesday, March 24, 2010
RICHMOND -- Not five minutes after President Obama signed health-care legislation into law Tuesday, top staff members for Virginia Attorney General Ken Cuccinelli II made their way out of his office, court papers in hand and TV cameras in pursuit, and headed to Richmond's federal courthouse to sue to stop the measure.
Thirteen other state attorneys general also sought to stop the health-care law Tuesday, jointly suing in Florida. But Cuccinelli (R) went his own way, arguing that a Virginia law enacted this month that prohibits the government from requiring people to buy health insurance creates an "immediate, actual controversy" between state and federal law that gives the state unique standing on which to sue.
The move was classic Cuccinelli -- bold, defiant and in-your-face, an effort to use any means at his disposal to stop what he sees as a federal government gone wild. That approach has transformed him in just a few months from being a fairly obscure state senator into a national conservative folk hero -- a tea partier with conviction and, more importantly, power.
Since vowing last week to sue to stop health-care reform, Cuccinelli has become a fixture on national cable TV news shows. A conservative blog posted a cartoon of his head atop Superman's body, with the caption: "You don't tug on Superman's cape . . . and you don't mess around with Ken." His Facebook page is full of messages of support from across the country, some next to the yellow "Don't Tread on Me" flag, which Cuccinelli has embraced -- one sits next to the Virginia flag in his office.
To his supporters, Cuccinelli is the necessary antidote to Obama, determined to put government back where he thinks it belongs and follow the letter of the law, without regard to political consequences.
"People are tired of the middle-of-the-road, wishy-washy political talk. . . . They want people who will shoot straight and do what they say they will. And that's Ken," said Jamie Radtke, chairman of the Federation of Virginia Tea Party Patriots. "He was a tea party person before there was a tea party," she said.
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__________________
you can tell them all you want but it won't matter until they think it does
p.s. I contradict my contradictions, with or without intention, sometimes. 
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