The Other McCain

by Smitty (via Lisa Graas)

I don’t want to get too upset about this horrendous abortion of a legal opinion handed down from the 4th Circle of Hell, emphasis mine:

The decision is no surprise given the stacked nature of the panel, as computers at the U.S. Court of Appeals for the Fourth Circuit that randomly selected the panel of three judges from the appeals court to conduct oral hearings on the legal debate surrounding the law picked three judges from a evenly-divided court who are all Democrats. All three judges listening to two legal challenges were appointed by Democrats — Judge Diana Motz, the senior member of the panel, is a Clinton appointee while Judges Andre Davis and James Wynn were appointed by Obama.

The three judges dismissed the lawsuit challenging the constitutionality of the national health care law’s individual mandate by saying the state lacked the standing to sue. As a result of the decision, the panel did not delve into the merits of the case itself and whether the Obama administration has the Constitutional ability to compel citizens to purchase health care, which could pay for abortions with taxpayer funds and include rationing. The judges disagreed with Virginia’s contention that it was an injured party because it passed a law before Obamacare making it so Virginia residents are not required to purchase health care insurance.

Thanks, judiciary, for kneecapping my state’s efforts to protect my liberty from a rapacious federal government. You craven judges draw much vacuum. Thankfully, the Cooch responds, via email:

RICHMOND, VA (September 8, 2011)- Virginia Attorney General Ken Cuccinelli responded today to the U.S. Fourth Circuit Court of Appeals decision in Virginia’s lawsuit against the federal government’s health care reform act.

“Obviously, we are disappointed in the ruling. Our disappointment not only stems from the fact that the court ruled against us, but also that the court did not even reach the merits on the key question of Virginia’s lawsuit-whether Congress has a power never before recognized in American history: the power to force one citizen to purchase a good or service from another citizen,” said Cuccinelli.

In summarizing the ruling, Cuccinelli noted that, by resting its decision on an alleged lack of standing by the commonwealth to even bring its lawsuit, the court dismissed Virginia’s claimed injury as illusory.

“Contrary to the court’s suggestion, this suit has always been about vindicating the power of the Virginia General Assembly to legislate about a subject that has historically been viewed as falling within the areas the Constitution left to the states. Health, safety, and welfare issues have long been recognized as being part of the powers reserved to the states by the Constitution,” Cuccinelli said.

Cuccinelli noted that the court’s stated reasons placed the ruling’s reasoning at odds with constitutional design. “In rejecting Virginia’s right to bring the action, the court said that allowing such suits would allow the states to serve as ‘roving constitutional watchdogs.’ This was exactly a role that the Founding Fathers planned for the states to have. As James Madison wrote, under the Constitution, ‘the power surrendered by the people is first divided between two distinct governments…Hence a double security arises to the rights of the people. The different governments [state and federal] will control each other…'”

Cuccinelli continued, “Not only does the court’s opinion reject the role of the states envisioned by the Constitution, it dismisses an act of the Virginia General Assembly-the Health Care Freedom Act-as a mere pretense or pretext. It is unfortunate that the court would be so dismissive of a piece of legislation that passed both houses of a divided legislature by overwhelming margins with broad, bipartisan support.”

Cuccinelli vowed to appeal the court’s ruling.

Diana, Andre, James: may the Almighty have mercy on you.

Update: More at Legal Insurrection and Ace of Spades.