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

[Roberta McMillan]

I am totally in agreement of health reform. For far too long we have paid through the nose the high premiums that the insurance companies charge and when you have a medical procedure you have to pay through the nose for all the things they will not cover. It is high time the little people got a piece of the pie.

[Jane Q. Public]

Actually that is not true Dean. The CBO said it is in the red if you include the doc fix.

http://reason.com/blog/2009/11/20/is-health-care-reform-really-d

Also, forcing people to buy a commodity is not in the Constitution so your slam dunk is bunk. Plus Luke doesn't know what he is talking about. It cost the state 350.00. I'll send that check to the AG to make you feel better.

[Dean]

Cooch is swinging in the wind. It will probably happen before summer and I doubt ol' Hoochy-Coochy will even make the SCOTUS. He'll strike out in Appeals and SCOTUS won't take it up.

First, the mandate is written as a tax (which is solely the bailiwick of Congress) and the CBO has produced numbers to show that it will generate "revenue". The courts are reticent to overturn tax law especially if they are revenue-makers.

Moreover the SCOTUS has twice ruled (in 1942 & in 2005) that the cumulative effect of any attempt not to participate in the marketplace has an effect on the markets — and thus, Congress can regulate it.

And, that is that.

Yes Virginia, your AG is an idiot.

[Luke]

what a waste of Virginia's money