Va. AG: High Court Obamacare Decision was Expected

Tuesday, 26 Apr 2011 05:09 AM

By Hiram Reisner

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Virginia Attorney General Ken Cuccinelli says the Supreme Court’s decision not to review Obamacare before it goes through the appellate court system was expected and he would rather lose the motion to expedite than “the case on the whole.” The justices Monday rejected a request to quickly resolve Obamacare’s constitutionality; the Obama administration opposed the idea.

“They have discretion and they haven’t taken one of these in a long time like this — but the calendar didn’t work to our advantage,” Cuccinelli Monday told Fox News’ Greta Van Susteren. “We really can’t read a lot more into that. Two of the justices have publicly said, have made comments that indicate they intend — expect I should say — expect the court to take this case. We all know that's where it is going to end up.
 
“So the result is, we end up arguing in front of a three-judge panel May 10th. We've already briefed the case in the appellate court — whoever loses we will end up in the Supreme Court in their next term,” he said. “But what it does is it pushes a decision back to June, 2012 . . . in that year , we are going see billions spent under this law that may or may not be in place come next June.
 
“Well, obviously we wish this had gone another direction — frankly, I would rather lose on a motion to expedite than on the case as a whole,” Cuccinelli continued. “We have to turn and focus on winning the case, not just the 4th Circuit — the level that is going to decide this forever is the Supreme Court, or at least until somebody makes changes in federal law.”
 
Cuccinelli said costs to states challenging Obamacare will be prohibitive, with Virginia expected to spend some $30 million just in administrative costs.
 
“That doesn’t get a single person one more Band-Aid of healthcare,” he said. “As you said, people are concerned about their healthcare, and we need this resolved as soon as possible for us to get to real healthcare reform, hopefully market-based free market reforms.
 
“We had 28 governors supporting what we were doing. In Virginia we had people who don't agree with our legal position — Democrats in the House of Delegates who were supporting our effort to expedite,” Cuccinelli continued. “They said: ‘Ken we need to know, whether you win or lose.’ They are trying to write budgets, restructuring parts of Virginia government this going on in every state, in the private sector.
 
“And it is that uncertainty that we were trying to eliminate as quickly as possible. Lord knows, our economy needs as much uncertainty removed as possible so we can press ahead for the American people.”

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