Former U.S. AGs support Cuccinelli


By Hadley Heath

Former U.S. Attorneys General William Barr, Edwin Meese and Dick Thornburgh filed an amicus brief Tuesday in Commonwealth of Virginia v. Sebelius.  Here's the news, from Legal Newsline:

The three former attorneys general submitted their brief in support of Cuccinelli's motion for summary judgment.

They argue that because the mandate is not a direct regulation of commerce, it must be both "necessary and proper for carrying into execution" a regulation of interstate commerce.

But they say it is neither.

"The decision not to buy insurance is not a transaction in insurance, health care, or any other commerce," the three wrote. "Put differently, there is no argument that the government could impose the individual mandate in a vacuum."

The failure to buy insurance is not part of an economic "class of activities (that) is within the reach of federal power," they wrote. "Rather, it is inactivity that is beyond the federal power."

The government's attempt to redefine regulation of "activities" as including regulation of any "decisions... defies logic and knows no bounds," they said.

The summary judgment hearing is scheduled for Monday, October 18.  Here's a link to the full article.


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