Christopher Little on the Virginia Healthcare Lawsuit
As his campaign promised, Moderate Party candidate for Rhode Island Attorney General, Christopher Little, has responded to Anchor Rising’s inquiry about last week’s Federal District Court ruling allowing a legal challenge to the new Federal healthcare law to proceed. In April, Mr. Little had told the Projo’s Edward Fitzpatrick that “it seems, in terms of how the Supreme Court has ruled on the exercise of the Commerce Clause, that whether we like it or not, Congress has the power to pass this bill”. In response to the District Court ruling, Mr. Little said…
My position as to filing suit against the Obama Administration pertaining to the health care legislation is unchanged.
I have stated that I understood the concerns of individuals about the bill, but I did not see how the bill at this time directly implicated the interests of the State of Rhode Island, which, if it did, would require action by the Attorney General.
First, in the Virginia case, the court ruled that the new federal law conflicted with the Virginia Health Care Freedom Act. “The mere existence of the lawfully-enacted statute is sufficient to trigger the duty of the Attorney General of Virginia to defend the (state) law,” the court said.
Second, the court on the merits made it clear it has ruled on a very preliminary issue.
As time passes, and hypotheticals become real, things may change and a defined attack may be both advisable and necessary. But as I consider the issue now, I do not see that the issue sufficiently implicates the interests of this state to warrant involvement.