Of all the crazies trying to assert that anytime the Obama administration breathes, it's unconstitutional, Virginia Attorney General Ken Cuccinelli (previously seen flirting with birtherism) might be at the top. Unfortunately for his cohorts, he's also somewhat of a speed demon. When the Affordable Healthcare Act was past, Cuccinelli hurried to be the first to file a suit alleging it was beyond Congress' constitutional authority. Apparently, his hurry to file "as soon as the ink is dry" took its toll on the legal craftsmanship of the argument. Worse, the case was filed in the Eastern District of Virginia -- the famous "rocket docket" -- making it likely that the case will be heard before all the other challenges. And that, in turn, makes it far likely that the first ruling on the constitutionality of the ACA will be a victory for the President, and a loss for the conservatives. Precedent, momentum -- it'll all be on our side.
Thanks, Mr. Cuccinelli!
I mean, it'll make for another figurative notch on the Solicitor General's belt. But I sincerely doubt, on big ticket issues like this, the eventual outcome is easily swayed no matter how great or terrible the advocacy is. On something more inside baseball, like whether some new technological advancement extends the definition of a search? That's when it matters. Judges have their ideology and they either they find federal government insurance mandates permissible or they don'.
ReplyDeleteOf course, Cuccinelli's not in this to win the suit; he's in it to pander to conservatives to build support for an eventual campaign for Senate or Governor.
If the lawsuit gets thrown out for lack of standing (given that the insurance mandates burden individuals, not states, and are administered through the IRS, not any state-level machinery), the sophistication of the advocacy can make a pretty big difference.
ReplyDeleteThe Supreme Court will eventually reach the policy decision it wants to reach, regardless of the fate of any given lawsuit. If this were a death row inmate petitioning for a stay of execution, things would be different, but instead of and individual we're talking about an issue that is not going away.
ReplyDeleteThe Supreme Court will eventually reach the policy decision it wants to reach, regardless of the fate of any given lawsuit.
ReplyDeleteWhat's the Supreme Court decided about "under God" in the Pledge? I assume that wasn't a one-off issue.
Since it survived the 9th Circuit, I doubt the current Court will strike "under God" from the pledge. And since the default already gives them that outcome, they can decide not to decide.
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