Page 123 - Summary Judgment News Today

Summary judgment things could be different. >> october 18th, after it is fully briefed well 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 theres substantial effect on the different states on commerce. what the judge said and correct me if im wrong, i thought was interesting, requiring a mandate is not an economic transaction. >> right. >> greta: explain that. >> well, we have...

Ironically enough, our position is that its not. the court yesterday said this legislation goes farther than anything ever has under the commerce clause and it goes farther than anything ever has under the taxing power. so we are out beyond the outer limits of what has previously been held to be constitutional according to the court in virginia and so now we have to move forward to summary judgment where the judge will actually decide whether or not each of those positions is constitutional or n...

Takes roughly the same amount of time to decide summary judgment as he did the motion to dismiss that would put us in the middle to late part of november. megyn: all right, our thanks to virginia attorney general ken cuccinelli. "america live" will continue to follow the story and bring you any developments in particular on the healthcare challenge. you will be hearing a lot more of that name. fox news alert on the massacre now at the connecticut beer distributor. the associated press are report...

We lose this case it is the end of federalism. >> greta: you dont expect the federal government, kathleen sebelius to appeal? she will wait for the summary judgment? >> there is a process where you can appeal at this stage. it isnt like the arizona case where an injunction was put in place. this is a ruling. it can be handled with whatever the results. summary judgment is on appeal as theres no good reason for it to go up. >> greta: your case is separate from the other states because you have th...

We lose this case it is the end of federalism. >> greta: you dont expect the federal government, kathleen sebelius to appeal? she will wait for the summary judgment? >> there is a process where you can appeal at this stage. it isnt like the arizona case where an injunction was put in place. this is a ruling. it can be handled with whatever the results. summary judgment is on appeal as theres no good reason for it to go up. >> greta: your case is separate from the other states because you have th...

>> good to be through round one but we have a long way to go. >> greta: a lot of people who follow politics are watching. >> if the judge takes the same amount of time to rule on summary judgment it would be mid november, it will be after. this may be the only ruling on any of the cases possibly before the election. the oral argument in florida is september 14th. they might rule before the midterm elections as well. well see thats in the hands of judges, it is not something i have any control ov...

Question lets not talk about it as healthcare. this case is about liberty not healthcare. the bill is about healthcare, but the violation of the constitution would take place if they were ordering you to buy chevrolets, its the same thing. but this bill does not have what is called a severabilty clause. you cant sever out one part that might be unconstitutional and keep the rest. if it is found to be unconstitutional as virginia says it is the whole bill falls, the whole thing. megyn: which is w...

Summary judgment things could be different. >> october 18th, after it is fully briefed well 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 theres substantial effect on the different states on commerce. what the judge said and correct me if im wrong, i thought was interesting, requiring a mandate is not an economic transaction. >> right. >> greta: explain that. >> well, we have...

Toro decided that the defense of marriage act violates the fundamental principles of this nation. with that, the judge made advocates of marriage equality very happy. one of the rulings involved seven couples and three widowers, all of whom who had been ineligible for the federal benefits that come with being lawfully wed thanks to the 1996 defense of marriage act. that law required the federal government to ignore for federal purposes any marriage not between a man and women. same-sex wedded co...

Toro decided that the defense of marriage act violates the fundamental principles of this nation. with that, the judge made advocates of marriage equality very happy. one of the rulings involved seven gay couples and three widowers, all of whom have been married in the state of massachusetts, and all of whom had been ineligible for the federal benefits that come with being lawfully wed. thanks to the 199 defense of marriage act. that law required the federal government to ignore for federal purp...