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You are here: Home / Politics / Activist Judges! / Another unimportant, illegitimate legal… event

Another unimportant, illegitimate legal… event

by Kay|  September 8, 201112:53 pm| 53 Comments

This post is in: Activist Judges!

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We’ll see if this gets breathless over-the-top coverage. I doubt it:

The 4th Circuit Court of Appeals threw out a challenge to President Obama’s signature health law on Thursday, deciding that the plaintiffs in the case didn’t have standing to contest the legislation.

Two of the three judges determined that lawsuits by Virginia Attorney General Ken Cuccinelli and Jerry Falwell’s Liberty University challenging the health care law’s individual mandate should be dismissed on jurisdictional grounds. In previous hearings, judges had expressed skepticism that the two had the standing to challenge the mandate section of the bill given that it applied to individuals and not institutions.

“Thus, if we were to adopt Virginia’s standing theory, each state could become a roving constitutional watchdog of sorts,” she wrote. “No issue, no matter how generalized or quintessentially political, would fall beyond a state’s power to litigate in federal court.”

In a dissenting opinion, Judge Andre Davis wrote that he would have examined the law and upheld the mandate on the legal merits rather than dismiss the suit. All three judges in the case were appointed by Democrats, two by Obama. Previously, the 11th Circuit ruled the law unconstitutional while the 6th Circuit determined the law was legally sound.

All three judges were appointed by Democrats, so are therefore not real judges, of course. Plus. In addition. Standing is a “technicality”, unless conservatives are arguing against standing, then it’s bedrock.

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Reader Interactions

53Comments

  1. 1.

    eemom

    September 8, 2011 at 1:03 pm

    sweeeeeeeeet…….and all the sweeter because that despicable fuck Cuccinelli loses.

  2. 2.

    Elizabelle

    September 8, 2011 at 1:07 pm

    Awesome.

  3. 3.

    kay

    September 8, 2011 at 1:07 pm

    @eemom:

    I thought of you, I really did.

    “Roving constitutional watchdog”. He must hate that. It so smacks of prosecutorial over-reach and political motivation.

  4. 4.

    Dennis SGMM

    September 8, 2011 at 1:10 pm

    For an outfit that bellyaches about frivolous lawsuits and the machinations of trial lawyers those Republicans are sure some litigating sumbitches.

  5. 5.

    jwb

    September 8, 2011 at 1:12 pm

    @Dennis SGMM: Projection, as always. It’s what Republicans do best.

  6. 6.

    Ben Cisco

    September 8, 2011 at 1:15 pm

    OT, but Reid has a message for the Senate GOPper speech-skippers.
    __
    Love the part where Diaper Dave whines about missing his Saints game party. They’ve been back at work how long?

  7. 7.

    DFH no.6

    September 8, 2011 at 1:21 pm

    Ah – Liberty “University”.

    Fundamentalist “Christians” fighting against policies that promote, in modern world terms, Sermon on the Mount Jesus.

    Will wonders never cease?

    Goddamn Pharisees is who they really are, the lot of them. “Whited sepulchers” also has a nice Good Book ring to it.

    Hateful sanctimonious phony bastards works, too.

  8. 8.

    Steve

    September 8, 2011 at 1:22 pm

    This was almost literally a nullification argument. Normally a state doesn’t have standing to sue on behalf of its citizens; the citizens have to sue themselves. Virginia tried to get around this by passing a law that says “no citizen of this state can be forced to buy health insurance,” and then arguing that now they have standing because they have to be able to enforce their state law.

    This theory would mean that any state that wants to challenge a federal law could overcome the standing requirement simply by passing a nullification statute and then claiming that they have to be allowed to “enforce” their statute. I was pretty surprised that the district judge agreed with Virginia’s standing argument, because it seemed pretty absurd to me. There’s little doubt in my mind that the appeals court got this one right.

    Individual plaintiffs from Virginia still get to challenge the health care law, as long as they can allege that it injures them somehow, but at least this puts a stop to Cuccinelli’s little taxpayer-funded publicity stunt.

  9. 9.

    Raven (formerly stuckinred)

    September 8, 2011 at 1:22 pm

    @Ben Cisco: Of course my jackass rep wasn’t leaving town so he’ll just do what he was going to do anyway.

  10. 10.

    rlrr

    September 8, 2011 at 1:26 pm

    Activist Judges! or something…

  11. 11.

    Nutella

    September 8, 2011 at 1:32 pm

    @Ben Cisco:

    All I can say is I hope Reid keeps on calling bullshit like this, and all the other Ds, too. It’s a simple and clear message.

    Reid’s spokesman:

    “We have a packed schedule this fall as Congress works to create jobs and get our economy back on track,” Jentleson said. “The American people are sacrificing every day as they try to make ends meet in this tough economy – it’s not too much to ask Senator Vitter to sacrifice a few hours on his couch to vote on a bill that will create jobs and spur small-business entrepreneurship by streamlining our patent system. I’m sure he’s aware that there are televisions in the Capitol as well.”

  12. 12.

    Sam Houston

    September 8, 2011 at 1:37 pm

    The SCotUSBlog had a great symposium on the ACA. There’s so much win in the essays. Also, plenty of suits with good standing before the court. Everybody’s gonna get their day before the bench.

  13. 13.

    Bulworth

    September 8, 2011 at 1:38 pm

    activist judges! tyranny!

  14. 14.

    Zifnab

    September 8, 2011 at 1:42 pm

    All three judges in the case were appointed by Democrats, two by Obama.

    At least now we know why none of those judicial appointments are going through. Gotta hold out for President Perry to put a bunch of nutters on the bench.

  15. 15.

    Roger Moore

    September 8, 2011 at 1:44 pm

    @Ben Cisco:

    OT, but Reid has a message for the Senate GOPper speech-skippers.

    Say what you will about Reid being a wimp, but he sure knows how to work Senate procedural stuff.

  16. 16.

    Ben Cisco

    September 8, 2011 at 1:52 pm

    @Roger Moore: And make the NeoConfederates look like the whiny little punks they are. Moar of this please.

  17. 17.

    lacp

    September 8, 2011 at 1:54 pm

    @Ben Cisco: I don’t think I really need to know what happens at a David Vitter party with his “constituents.”

  18. 18.

    Hal

    September 8, 2011 at 1:54 pm

    Jerry Falwell’s Liberty University

    That’s a joke in and of itself

  19. 19.

    rlrr

    September 8, 2011 at 1:59 pm

    @Hal:

    Liberty University was founded by someone whose only actual degree was from an unaccredited Bible college…

  20. 20.

    Bulworth

    September 8, 2011 at 2:04 pm

    @Roger Moore: Holy sweet jeebus. Well played Mr. Reid.

  21. 21.

    rlrr

    September 8, 2011 at 2:05 pm

    @rlrr:

    Here’s a typical Liberty University graduate: http://www.trumpetofthelord.com/

  22. 22.

    Ben Cisco

    September 8, 2011 at 2:07 pm

    @lacp: What happens in diapers should stay in diapers.
    __
    I know, it’s awful. But dude was running around in DIAPERS! DIAPERS I SAY!

  23. 23.

    Yutsano

    September 8, 2011 at 2:08 pm

    This will only get attention in the context of ZOMG librul activists Obama judges!! Otherwise it will mostly get ignored. At least until Rush raises an unholy stink about it.

  24. 24.

    rlrr

    September 8, 2011 at 2:08 pm

    Fun fact: Liberty University’s nickname – Flames

  25. 25.

    rumpole

    September 8, 2011 at 2:11 pm

    @ steve

    I read it the exact same way–“this issue was decided long ago in places like Bull Run and Gettysburg. So take your Confederate bullshit and go home.” Any suggestion that 2011 Rs are anything but the vestiges of John C. Calhoun don’t deserve to be taken seriously.

    My father gave me grief recently about saying that all R’s are insane. They’re not. Only the ones with power.

  26. 26.

    jwb

    September 8, 2011 at 2:15 pm

    @rumpole: Should have asked your dad to name one who’s not insane. Because these days even those who probably aren’t insane have been forced to act insane in order to avoid being primaried.

  27. 27.

    ppcli

    September 8, 2011 at 2:20 pm

    @rlrr: A shame that their GLBTQ population has to stay underground. “Going down in flames since 1984” is a great slogan for for a campus organization.

  28. 28.

    rumpole

    September 8, 2011 at 2:22 pm

    This is fucking remarkable: http://www.washingtonpost.com/blogs/virginia-politics/post/mcdonnell-virginia-expected-to-lose-health-care-lawsuit-will-appeal/2011/09/08/gIQAzfdWCK_blog.html?tid=sm_twitter_washingtonpost

    Elected politicians are NOT supposed to say this. What you say is that “we disagree with the court’s reasoning, respect its decision, and plan to appeal.” Not: “the decision’s wrong, but we knew it was going to be wrong because there were Democratic judges on the panel.” That’s basically saying the ruling’s illegitimate because of who appointed its members.

    Ironically enough, the Court’s going to hear a case in October about whether an individual consumer has standing to sue a corporation if the only injury that the consumer suffers is that the corporation broke the law in a transaction regarding the consumer, but the consumer suffered no harm as a result. (The statute provides for statutory damages payable to the consumer upon proof of a violation). (First American v Edwards). Odds are the corporation may well win that one, with 5 “legitimate” votes.

    Kafka would be proud.

  29. 29.

    retr2327

    September 8, 2011 at 2:37 pm

    Nice to see Cuccinelli get smacked down, but other than that, it really is pretty much of a technicality, since it doesn’t reach the merits one way or the other (although the dissent does, and would uphold, which is a plus).

  30. 30.

    lamh32

    September 8, 2011 at 2:43 pm

    OT, but John Brennan: No new prisoners to Guantanamo Bay

    The Obama administration has ruled out sending any new war-on-terror prisoners to Guantanamo Bay, President Barack Obama’s top counterterrorism adviser said Thursday.

    “We’re not going to bring people to Guantanamo,” Deputy National Security Adviser John Brennan told reporters. “It’s this administration’s policy to close Guantanamo and, despite some congressional hurdles that have been put in our path, we’re going to continue to pursue that”…

  31. 31.

    Brian

    September 8, 2011 at 2:49 pm

    Not a single mention of it on CNN

  32. 32.

    Makewi

    September 8, 2011 at 2:50 pm

    A ridiculous assertion by the court, but whatever. We already have dueling opinions on this issue – so this one will be headed to the USSC.

  33. 33.

    Ben Cisco

    September 8, 2011 at 2:53 pm

    @Brian: Of course not – the narrative must not be impeded. Besides, they’d be dismissed as librul usurper sycophants if they – oh, wait…

  34. 34.

    cleek

    September 8, 2011 at 2:58 pm

    @lamh32:
    Obama fails us yet again.

  35. 35.

    Thoughtful Black Co-Citizen

    September 8, 2011 at 2:58 pm

    @Nutella: Normally a spanking like that would set Vitter back at least $75.

  36. 36.

    Enhanced Voting Techniques

    September 8, 2011 at 3:07 pm

    @cleek: Yes, why didn’t Obama close Gitmo in 2007? You know a President Palin would have had the whole camp (gassed) and closed by now.

  37. 37.

    kay

    September 8, 2011 at 3:13 pm

    @Makewi:

    A ridiculous assertion by the court, but whatever

    You’re so much fun. That’s an assertion you just made, Makewi.

    What’s it based on? Let’s hear your standing argument. May any state pass a statute intended to confer standing (as here) and thus challenge any federal law?

    Try not to use the word “broccoli”.

  38. 38.

    Ben Cisco

    September 8, 2011 at 3:15 pm

    @Enhanced Voting Techniques: No, no NO! Palin would have kept it open, and after all them furriners were done fer, she’d have started in on the libruls!
    __
    “Which ones?”
    __
    “All of them!”
    __
    Actually, given the vote supression and other crap going on, this seems to be their modus operandi anyhow…

  39. 39.

    Cat Lady

    September 8, 2011 at 3:17 pm

    @kay:

    I’m making popcorn.

  40. 40.

    kay

    September 8, 2011 at 3:20 pm

    @Makewi:

    Or, just shout “it’s unconstitutional!” over and over, really loud.

    I love that technique. Easy! I’m envious.

  41. 41.

    Ben Cisco

    September 8, 2011 at 3:22 pm

    @lamh32: This is even better news. Time for the petulant children to find out they don’t get to run the show.

  42. 42.

    Cheryl from Maryland

    September 8, 2011 at 3:25 pm

    @kay: Yeah for you Kay. If this ruling is a technicality, it is because VA’s law was a technicality to kill AHC. Steve at #8 has it in a nutshell – the state was trying to game the court. Courts don’t like that.

  43. 43.

    soonergrunt

    September 8, 2011 at 3:35 pm

    @Makewi: You only think that because you’re pants-pissingly stupid.

  44. 44.

    Hal

    September 8, 2011 at 3:38 pm

    In a dissenting opinion, Judge Andre Davis wrote that he would have examined the law and upheld the mandate on the legal merits rather than dismiss the suit.

    I find that very interesting, and understand the Judge wanted to rule on the merits of the lawsuit, by why dissent at all? Does he disagree with the other Judges in their opinion, or did he just want to rule the law itself constitutional?

  45. 45.

    Samara Morgan

    September 8, 2011 at 3:54 pm

    don’t feel bad Kay, this isnt gettin any coverage either.
    did you know tomorrow is september 9?

  46. 46.

    soonergrunt

    September 8, 2011 at 3:56 pm

    @Hal: If he holds that the majority was wrong to dismiss on the standing grounds, then he dissents, even as he may agree with the outcome. It may not be a dissent, so much as a separate concurrence. Possibly the story writer couldn’t tell the difference if that was the case.
    And yes, I DO read Appeals briefs and Bench decisions for relaxation. I started that habit with Kitzmiller v. Dover which was fascinating reading. However, IANAL.

  47. 47.

    lamh32

    September 8, 2011 at 4:01 pm

    Okay, OT again, but I would love to see what body language experts think about this

    Seen during the commercial break at last night’s debate

    ugh, is old man Perry trying to intimidate old man Paul?

    I don’t know about ya’ll, but if anybody grabbed ahold of my arm like this and had the nerve to wag their finger in my face…they’d be pulling back a nub. I’m just saying.

  48. 48.

    cleek

    September 8, 2011 at 4:05 pm

    @lamh32:
    i’da snapped that greasy finger clean off.

    (well, i’d at least have laughed at him)

  49. 49.

    catclub

    September 8, 2011 at 4:17 pm

    @Samara Morgan: Isn’t there some news about the Iraqis not agreeing to _any_ remaining US forces. Or perhaps 3000 ‘trainers’, which is still far lower than the US military would like to have there?

  50. 50.

    Raven (formerly stuckinred)

    September 8, 2011 at 4:23 pm

    @lamh32: You can’t tell shit from a shot like that.

  51. 51.

    lamh32

    September 8, 2011 at 4:30 pm

    @Raven (formerly stuckinred): naw you can’t really tell anything from most pictures. It just seems to me that Perry’s holding on a lil too tight to Mr Paul arm there.

    Plus it’s interesting, but Ron Paul claims he’s never met Rick Perry before. how can that be?

  52. 52.

    lamh32

    September 8, 2011 at 4:42 pm

    @Raven (formerly stuckinred):

    I was mostly kidding about perry v paul in my comment, but the paul-ites are not.

    Ron Paul’s fanatics are crazy.

    Ron Paul’s Fans Rush to Protect Him From Rick Perry’s ‘Assault’

  53. 53.

    Samara Morgan

    September 8, 2011 at 4:46 pm

    @catclub: i meant sadr’s rally on the 9th.
    tomorrow.
    not the US’s pathetic and doomed attempt to keep infuence in Iraq.

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