into effect or be stricken by the united states supreme court? i have urged a joining in with me to bypass the court of appeals and go to the supreme court. everybody knows that is where it is going to be decided. let s not waste another year get it to the sprblg get a time decision on the constitutionality. people will will know what the landscape is. greta: you want governors in states that agree and disagree to join with you? yeah, because in is not about the merits. governors will have different views on what they think about the unlying bill. but nobody should disagree we don t need a prompt and quick answer for individuals, businesses, health insurance companies,s did, let s companies, doctors, let s get this resolved. get it right to the supreme court let them make a decision. i know the attorney general of
judge ruling the individual mandate in the national health care law is unconstitutional. we went to virginia where the virginia attorney general ken cuccinelli on the record. nice to see you. very good afternoon. greta: i bet it is for you. always more fun to win. it is. greta: you have a beautiful state capital. we have the best view in state government right here out of my office, the old state capital designed by thomas jefferson. greta: i think they ought to cut your pay because you get such a good deal. the governor might take you up on that. greta: you won. won round one, yes. obviously happy about that in the health care case. the key thing is that the individual mandate was found unconstitutional. and the fall-back argument by the federal government that the penalty if you don t bit government mandated health insurance being a tax was rejected by the judge. we are very happy today.
commerce clause before. he said it does go beyond anything ever relied upon before. meaning relying on the commerce clause before, for the congressional authority to enact it. that was part and parcel of the logic of his ruling. this guess farther than anything has before. in fact, obviously the ruling demonstrates it goes beyond the power that congress has under the commerce clause of the constitution. greta: what the federal government argued is the aggregate everything together you are effecting interstate commerce an economic activity even folks who don t participate, correct. greta: what judge hudson said, you can t push someone into economic activity so you can aggregate it and say it affects interstate commerce. one of the boil down points of this case was, looking at the commerce clause case law that exists, focusing on economic activity. that word activity was very important.
we are connected at the hip in our colleagues in florida. we hope they will do well. they have a hearing this thursday. their hearing on the merits is this week. we ll be watching closely. greta: you mentioned you are familiar with the judge. when the judge was an assistant united states attorney i was an intern for that judge. now, do i understand the united states claims essentially it had the authority to pass this health care mandate because the commerce clause gave them the authority and the general welfare clause they can tax. first to commerce. what did judge hudson say about the commerce clause and the federal government s authority to require this mandate? first, he repeated his, what i would call speculative statement back in the first round of the case the motion to dismiss where he said this appears to go beyond any enactment relying on the
into effect or be stricken by the united states supreme court? i have urged a joining in with me to bypass the court of appeals and go to the supreme court. everybody knows that is where it is going to be decided. let s not waste another year get it to the sprblg get a time decision on the constitutionality. people will will know what the landscape is. greta: you want governors in states that agree and disagree to join with you? yeah, because in is not about the merits. governors will have different views on what they think about the unlying bill. but nobody should disagree we don t need a prompt and quick answer for individuals, businesses, health insurance companies,s did, let s companies, doctors, let s get this resolved. get it right to the supreme court let them make a decision. i know the attorney general of