suing the feds? florida and 19 other states filed a joint lawsuit. florida attorney general bill mccollum joins us live. good evening sir. the virginia decision is interesting and may be instructive, but not binding on your judgment is that right? that s right. i first want to congratulate attorney general cuccinelli. i think it does tell us something. as judge hudson gave a little forewarning of how he might rule in his case with respect to the commerce clause and the individual mandate exceeds the authority of congress. judge vin isn t in our case in florida, similarly during the motion to dis dismiss hearing and after gave that same indication. i believe the judge today ruled correctly with a great deal of basis for doing so and explained it carefully. i would like to believe once we finish the summary judgment argument in our case that judge vincent will rule in the
suing the feds? florida and 19 other states filed a joint lawsuit. florida attorney general bill mccollum joins us live. good evening sir. the virginia decision is interesting and may be instructive, but not binding on your judgment is that right? that s right. i first want to congratulate attorney general cuccinelli. i think it does tell us something. as judge hudson gave a little forewarning of how he might rule in his case with respect to the commerce clause and the individual mandate exceeds the authority of congress. judge vin isn t in our case in florida, similarly during the motion to dis dismiss hearing and after gave that same indication. i believe the judge today ruled correctly with a great deal of basis for doing so and explained it carefully. i would like to believe once we finish the summary judgment argument in our case that judge vincent will rule in the
government side aren t the table. but we don t expect that to happen. we know is going to be decided by the supreme court. it is interesting, the judge while acknowledging things like the legislation is unprecedented, that all of the commerce clause cases to date that the supreme court has ruled on, deal with regulating activity. things people have voluntarily didn t. he proceeds, despite all that, to say that simply deciding to do nothing, to remain inactive is the same as activity. so, if the government can regulate activity, and they can regulate it when you do nothing, inactivity, there s nothing they can reach. this ends federalism. it ends the know of having a government of limited powers. it blows the door open to federal power. i don t think this is going to hold up. obviously, in virginia a week from monday, we ll have our summary judgment argument.
government side aren t the table. but we don t expect that to happen. we know is going to be decided by the supreme court. it is interesting, the judge while acknowledging things like the legislation is unprecedented, that all of the commerce clause cases to date that the supreme court has ruled on, deal with regulating activity. things people have voluntarily didn t. he proceeds, despite all that, to say that simply deciding to do nothing, to remain inactive is the same as activity. so, if the government can regulate activity, and they can regulate it when you do nothing, inactivity, there s nothing they can reach. this ends federalism. it ends the know of having a government of limited powers. it blows the door open to federal power. i don t think this is going to hold up. obviously, in virginia a week from monday, we ll have our summary judgment argument.
summary judgment things could be different. october 18th, after it is fully briefed we ll have the summary judgment argument. greta: what i saw was intriguing 32-page decision cautiously written the whole idea of the commerce clause. the commerce is when there s substantial effect on the different states on commerce. what the judge said and correct me if i m wrong, i thought was interesting, requiring a mandate is not an economic transaction. right. greta: explain that. well, we have said and it is consistent with the judge s opinion, virginia s position is that ordering the purchase of health insurance is not regulating economic activity. what are you regulating? somebody doing nothing that s inactivity. repose is the word he used in the opinion. a state of repose.