Cuccinelli expects a decision by late summer on health reform lawsuit...

Virginia Attorney General Ken Cuccinelli told Peninsula business leaders that he expects a judicial ruling on his lawsuit against federal health care reform legislation by late this summer.

"This case will go quickly," Cuccinelli told about 100 people over a breakfast set up by the Virginia Peninsula Chamber of Commerce.

Cuccinelli noted that the complaint is filed in the U.S. District's court Eastern District - which has earned the moniker "the rocket docket" because of the rapid pace of legal wrangling. Cuccinelli acknowledged that he expects his lawsuit to move up the legal chain of command through the 4th Circuit Court of Appeals and "perhaps to the Supreme Court."

"We all know it's going up," Cuccinelli said. "This is just round one."

The breakfast at the Omni Hotel in Newport News was one of the first public appearances for Cuccinelli outside of Richmond since he filed the lawsuit just minutes after President Barack Obama signed the federal health care reform legislation. Cuccinelli spoke for nearly an hour Friday morning touching on everything from intellectual property to gang violence to Peninsula business behemoth Northrop Grumman Corp.

But Cuccinelli devoted a significant amount of time to discussing his pending challenge to the science behind the Environmental Protection Agency's moves to regulate greenhouse gas emissions. Cuccinelli said that the EPA effort to cut back on greenhouse gases would end up "putting some very high burdens on relatively small businesses."

"For those of you who haven't been following this, the science behind (global warming) has been unraveling," Cuccinelli said.

Cuccinelli then pivoted to his looming health care reform lawsuit. He said that the bill that Gov. Bob McDonnell signed on Wednesday banning health insurance mandates in Virginia should trump the federal requirements.

"The (federal) legislation has overreached the boundaries of the commerce clause," Cuccinelli said. "This is an issue of liberty. The Virginia law should stand and the federal law should fall."

Cuccinelli said he is questioning the constitutionality of the legislation, not taking on the public policy.

"Please understand that what we're doing is not directed at any of the policies in the bill," Cuccinelli said.

Cuccinelli said that even he is unsure of the outcome of the lawsuit because there are no established precedents on either side.

"Anyone who tells you this is a slam dunk or we have no prayer - those are the folks you shouldn't be listening to," he said. "We'll have to see how it plays out."

UPDATE: We've got some video from the breakfast and more details from the speech so we'll have some more information up soon.

Comments

[GT]

If you are another one of those that can't find any other ground to stand on than the race card than there is no point even discussing politics with you. When anyone disagrees they are racist. There are so many people that have been exploited over the years that don't use it as a retort such as Jewish, Chinese, Irish, well I hope you get the point. The race of the president has nothing to do with anything. The fact that you voted based on race, apparently, means that you have failed your fellow countrymen. Do you not see all of the businesses that are raising prices and laying off employees to avoid closure due to the new cost your wonderful bill has brought them? What's next? A law that says they have to provide insurance to anyone they lay off? You say you don't care how much it cost but I am fairly certain that you have no idea what this is going to cost. Save your race nonsense for dear Abby.

[marsha]

What is wrong with you people? You say nothing about the government spending billions of dollars on people in other countries and sending them billions of dollars in aid. For once, let America take care of its own people. I don't care how much it costs, cut off some of that money for foreign countries and use it on our own people. We are one of the richest nations in the world yet we cry about how much money it will take to make sure everyone has access to health care. You sound like terrorists. You talk as if it is going to cost you hundreds of dollars and it is going to make you go bankrupt and that is not true. It sounds as if everyone is angry. There is an underlying reason for all of this confusion and it has nothing to do with the cost of the health care bill. It is all about the President and his race. You have no respect for the President and you do not care about about your fellow Americans. i have medical insurance and I am so happy the bill passed and hope that the President can get other things done to help the people.

[Concerned about the information]

Do any of you remember hearing that 85% (that's right eighty-five percent) of Americans ARE covered by health insurance now? And the remaining 15% are debateable quasi groups of people. Some have even been groups as illegals, which of course shouldn't have been included in the figures. So, probably close to 90% of Americans are aware of the importance of health insurance and are covered. So, would you have been pro health care if you were aware of this figure? Just asking, because I would not have been.

[GT]

That is ludicrous, they will not be taking care of themselves, I will. My hard earned dollars will go to others healthcare while I still pay my own. And this word "entitlement" that you use, that is even more ridiculous. You are entitled to the opportunity to go out and earn your living. It is people like you that are building and justifying America's dependency on big government. You may as well just go hand them the remainder of your liberties. You aren't entitled to any other man's hard earned money, his family is.

[Miss Sunshine]

I am a hard working tax payer who has health care. I am not a moocher. A moocher is someone who will not buy health insurance but instead will use emergency rooms and walk away without paying or never pay their doctor bills. Your hard earned piece of the pie is already paying for the moochers. This reform will demand that they will do their part in taking care of themselves because at sometime in their lives they will realize they are not immune to illness and injury and will need to see a doctor. This bill will target the very people you are complaining about being irresponsible. The prediction of gloom and doom is a moot argument, remember the resistance to Medicare, now you could not pry that entitlement from the people’s hands with a crow bar.

[Smoke and Mirrors]

This guy is an absolute friggin nutburger.

[liberty or death]

i would write him a check personally to fight this crap. i guess you supporters enjoy being slaves. nothing in life if free. someone always pays. moochers

[GT]

This is not a piece of the pie smart guy. This is a piece of the taxpayers hard earned pie. I should have no obligation to take care of you or your family. I take care of my own without your help. Nothing in our Constitution promised you health care. It promises you the right to earn and defend it though. And if you haven't opened your eyes yet, all this does is guarantee 30 million brand new policies for the insurance business at my cost. The small business that are going to be forced to buy this stuff for you are either going to go out of business, lay people off to stay under the limit, or raise the price of their product/service to avoid profit loss. All of those translate poorly to the working man. Think about the whole country, not just yourself and your "I am entitled" buddies.

[Dean]

Thanks... "CBO and the staff of the Joint Committee on Taxation have separately estimated that enacting H.R. 3962 [the health care bill] would reduce federal budget deficits by $109 billion over that same period."

That is a revenue-maker.

The Medicare fix is not the mandate. But nice of you to try putting them together to make a loss. Why not toss in the Iraq war? The Reform + the Iraq war is a revenue buster. Duh!

They are NOT forcing you to buy a commodity (an intangible commodity, interesting concept) they are forcing you to pay a tax. You will be asked on your 1040 if you have medical coverage (and proof thereof) and if no then add $X to line 68a (or there abouts).

This is called "1040 Behavior Modification" and has upheld by SCOTUS for-EVER.

[luke]

It cost 350.00 to file it who pay's for it when it hit's the courts you do the taxpayer