Today we won a skirmish. Attorney General Ken Cuccinelli reports in today’s edition of the Cuccinelli Compass.
BREAKING NEWS: Federal Gov’t’s Motion to Dismiss Denied
I’m writing you today with excellent news!
In a decision released this morning, Virginia survived the federal government’s motion to dismiss. This is the first of many hurdles we will be facing – but this is a huge victory nonetheless.
As you all know – how this case turns out will have huge ramifications for the cause of liberty and even Federalism itself. While we are still reviewing the 32 page ruling, I would still like to point your attention to one of the concluding paragraphs in the judge’s ruling:
While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate- and tax- a citizen’s decision not to participate in interstate commerce. Neither the U.S. Supreme Court nor any circuit of appeals has squarely addressed this issue. No reported case from any federal appellate court has extended the Commerce Clause or Tax Clause to include the regulation of a person’s decision not to purchase a product, notwithstanding its effect on interstate commerce. Given the presence of some authority arguably supporting the theory underlying each side’s position, this court cannot conclude at this stage that the complaint fails to state a cause of action.
The secretary’s motion to dismiss will therefore be denied. Resolution of the controlling issues in this case must await a hearing on the merits.
For those of you who are interested, you can read the entire ruling by clicking here.
We’ll be releasing a more thorough analysis on the ruling in the coming days – but as an early supporter of our efforts, I wanted to keep you apprised of the situation.
For Liberty,Ken Cuccinelli Attorney General of Virginia
Tell others to sign up for The Cuccinelli Compass at Attorney General Cuccinelli’s Website:
The scale of things depends upon our viewpoint. Because this victory is up close and personal to him, Cuccinelli sees it as huge. To the rest of us it stands as a small victory in the ongoing battle to preserve freedom. So we yawn; we know it is but a mile-marker in the difficult struggle of a growing, but still tiny group of people.
No doubt our yawns motivate Cuccinelli’s newsletters. To keep us interested in an unceasing war, he writes unceasingly. He knows we must support him, and we must motivate others to rally to the defense of liberty. Otherwise, when our opponents rally and fire salvos of personal attacks, he will standalone — as other Conservatives have done before. Then he will have to find some way to turn aside the hateful wrath of some mean and vicious people.
Liberal Democrats will not debate Cuccinelli. They will seek an excuse to hate him. They will ridicule what they perceive as his imperfections. They will try to browbeat and shame him into silence.
Unless we each take up our part in the battle to defend our Constitution, the few people who do speak up will not be able to defend our liberty. They will be too busy protecting themselves — if they can. Then, because of our cowardice and laziness, we will become the serfs of a self-appointed elite.