Governor’s Special Counsel to Travel to Florida for Oral Arguments in Health Care Reform Lawsuit
Submitted by on Fri, 05/14/2010 - 7:32am
Las Vegas attorney Mark Hutchison says he will soon be going to Florida for oral arguments in the federal motion to dismiss the health care lawsuit being brought by 20 states including Nevada.
Reagan-appointed U.S. District Court Judge Roger Vinson will hear arguments challenging the states’ right to bring the suit on September 14, 2010 in the Northern District of Florida.
“Because there are 20 states named as plaintiffs in the lawsuit now, we will likely assign one lawyer to present oral argument to the judge during oral argument on behalf of all of the states,” said Hutchison.
“The decision identifying who that lawyer will be has not yet been made,” he said.
The amended complaint adding Nevada and a number of other states to the lawsuit will be filed today. Hutchison said a decision is expected in October or November.
Hutchison said he also plans to attend a hearing, for which the date has not been set, on the states’ motion for summary judgment. The motion will ask the judge to declare the health care legislation unconstitutional and bar its implementation in the states.
Despite criticism that the lawsuit is a futile attempt to thwart the health care reform bill, Hutchison said he is confident in the strength of the suit’s legal positions.
“There are many legal experts, scholars, judges and lawyers who believe that that the health care legislation will be declared unconstitutional by the courts,” he said.
“The principles at issue in this lawsuit are broader than the specific legislation in question and rise above the political maneuvering associated with its passage,” said Hutchison.
“This case is about preserving and respecting the system of constitutional government established at the founding of this country,” he said.
Hutchison contends that the health care legislation represents an unprecedented encroachment on the sovereignty of the states and on the rights of citizens by mandating, for the first time in U.S. history, that residents purchase something or be punished by the government through the imposition of a fine.
“Such a mandate exceeds the powers of the federal government under Article I of the U.S. Constitution, particularly the commerce clause, and violates the Ninth and Tenth Amendments as well as the Constitution’s principles of federalism and dual sovereignty,” said Hutchison.
Hutchison said he believes it is likely the case will end up in the nation’s highest court.
Supreme Court Justice Stephen Breyer has stated publicly that he expects the case to reach the court within the next two years.
Hutchison says his office has had no communications with the Nevada Attorney General since the governor appointed him as lead special counsel for Nevada in the lawsuit challenging the health care legislation.
“Although we recognize that the Attorney General has a different view, we continue to believe that the governor has the authority under state law and by virtue of his office to appoint special counsel to represent the state given the Attorney General’s decision,” said Hutchison.
Related posts:Nevada Attorneys and Candidates for Attorney General Debate Legalities of Health Care Reform Lawsuit
