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Well Justice Department today saying it will appeal yesterday's ruling in Virginia declaring a key part of -- -- unconstitutional.
Virginia attorney general Ken connection -- won round one had the judicial battle and he joins us now.
The -- -- -- say congratulations I know this is a hard fought battle for you know adding.
You -- and really had determined to win.
But how do you react to.
The administration already saying hey we're gonna fight back is that what you expected.
-- -- Both sides know this is going to the Supreme Court whoever lost at each level before the supreme court's gonna appeal -- I'd be shocked to the point -- no justification if they didn't appeal so I know I'm not surprised at all and and this is very much.
-- in accordance with our expectations.
It's just part of -- part of doing this business you know -- I'm the Virginia attorney general I defend our statutes.
Against other playing us.
Right now on the plane -- and they have to defend their statute and and there are statute is we believed and as the court agreed with us yesterday is unconstitutional.
They're gonna take another shot at -- a higher court.
We don't interestingly.
Two different judges in Virginia have disagreed on this Henry Hudson who were just talking about.
Said a note to the individual mandate but Norman.
Noon in the US district court western Virginia said.
-- -- -- What are your chances in the Supreme Court if these district court judges can agree.
Well their two constitutional issues in this case the first one is the individual mandate -- whether congress can order us to buy a private product in this case health insurance.
The other issue.
Which is the fall back issue for the federal government is is the penalty.
That they charge you if you don't buy their mandated health insurance is -- attacks they wanted to be called attacks by the courts.
Because -- its attacks it comes under Congress's taxing power.
Well for judges across the country have ruled on the tax question and the federal government has lost all four.
So there is unanimity so far on that.
Of the case the individual mandate we've gotten split decisions.
Some judges have said it's constitutional.
Here in Virginia yesterday that court here said it's not constitutional.
And I think you're Dennis continue to see that pattern on the critical issue the case and that is can congress order Americans to buy this product health insurance.
And because of that split that's another reason you can fully expect this to go to and be decided ultimately by the Supreme Court.
And I you know -- saying we yours isn't the only.
Lawsuit out -- -- against this.
You know overturning.
The entire health care system and -- in this country.
There's another one in Florida.
What are you expecting out of that -- -- Well they have their final hearing Thursday that's coming right up.
And they're going to be arguing the constitutionality.
Of the individual mandate.
Like Virginia did but they also have another issue there arguing that the huge growth in the mandates in Medicare and Medicaid.
Coercion of the State's.
There that so they have that additional issue that there arguing in front of the judge down there.
They have when he states involved right now by the time the case is decided.
With some of the governors and attorneys general elected last month I expect some of them will join the Florida case before it's finished.
And by the end of January I fully expect that over half of the states will be suing the federal government on the individual mandate.
And that is absolutely unprecedented that that many states would be party -- -- against their own federal government.
To protect the constitution against that federal.
We don't see that may be working on my -- now we're we're pulling for Florida.
attorney general -- they may be looking at the polls here yes new polls out 52% -- that Carol off 43% supporting it.
You know these numbers have turned around completely.
And this despite the fact -- is that the administration said hey look as we start to implement this and it's a slow implementation.
People will like it more and more and more and more in fact just the opposite -- happen.
Yeah act passed all those Democrats who lost their elections last month.
How much the president was able to sell this after it passed and remember what the speaker said -- now that we passed it we can figure out what's in it.
And as people learn more and more of what's -- it.
They liked it less and less than this month all your small business owners are gonna have to fill out 1099 innings.
For every 600 dollar vendor they had I mean that is so onerous what does that got to do with reforming health -- absolutely nothing.
And an awful lot of this bill falls in the same category but the key to me is an attorney general.
Is the piece that isn't constitutional my first job is to protect the constitution.
And the laws of Virginia and that's what we're doing in our case.
You know Eric Holder Kathleen Sebelius an op Ed today in the Washington Post defending the plan the but it defending it really unemotional terms.
Writing without an individual responsibility revision controlling costs and ending discrimination against people with preexisting conditions.
Doesn't work so again they're bringing up what has been a popular element and this.
That people with preexisting conditions cannot be denied coverage.
You know this follows on what you already mentioned about the idea that tax vs penalty.
Again and again it seems like -- what has been a political effort is now being turned on its head.
Well no question about it I mean take their rationale and and so this won't work and therefore we should be able to violate the constitution.
So we can make our scheme work.
I have a better idea why don't we Obey the constitution.
And instead of giving government more power over health care.
And over people's lives give that power to individual citizens you can even spend the same amount of money.
But those citizens will spend it better let's get government out of the way.
Instead of putting everybody at the foot and subject to governments dictates as to how we have to care for ourselves that's not the right way to do it and especially.
If you're gonna violate the constitution to do it and that's what they're doing.
Allow the debate will -- on not only one that cover this with you -- you must come back at well at every turn in this case we appreciate your time thank you thank you -- Good to -- with you.
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