# The Cooch thinks he's going to sue America if health care passes - what is it with this butthole? **URL:** \ **Category:** The BBQ Pit\ **Created:** [March 18, 2010, 2:38am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838 "2010-03-18T02:38:49Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [March 18, 2010, 2:38am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/1 "2010-03-18T02:38:49Z")
Virginia Attorney General, Ken “The Cooch” Cuccinelli, subject of [this current thread](http://boards.straightdope.com/sdmb/showthread.php?t=555361) about his attempt to force Virginia universities to discriminate against homos, is threatening to [sue the federal government](http://boards.straightdope.com/sdmb/showthread.php?t=555361) if the health care bill passes. His specific grounds are not really spelled out, but his letter to Pelosi suggests that he thinks there’s something unconstitutional about reconciliation. As I said in the thread title, what is it with this butthole? He;s like Michelle Bachmann, but he has some actaul power. The state of Virginia is not actually going to go along with this nutbag lawasuit, is it? This guy is fast becoming a national joke. I think Palin has a challenger for the teabagger throne. ---
**Author:** ![Rand\_Rover](https://avatars.discourse-cdn.com/v4/letter/r/db5fbb/32.png) [@Rand\_Rover](https://boards.straightdope.com/u/Rand_Rover)\ **Post date:** [March 18, 2010, 2:42am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/2 "2010-03-18T02:42:51Z")
Both your links go to the GD thread. Also, this: > [@Diogenes\_the\_Cynic](#): > > his attempt to force Virginia universities to discriminate against homos is complete bubkis. Say what you want about what he’s doing (and I don’t like it either), but he most definitely is not attempting to force Virginia universities to discriminate based on sexual orientation. Also, I’m sure you have reached your opinion on the merits of the potential lawsuit based on a careful analysis of the legal issues. No, wait, the opposite of that. ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [March 18, 2010, 2:45am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/3 "2010-03-18T02:45:08Z")
> [@Rand\_Rover](#): > > Both your links go to the GD thread. Sorry. Here’s the other link. [http://voices.washingtonpost.com/virginiapolitics/2010/03/cuccinellis\_office\_confirms\_vi.html#more](http://voices.washingtonpost.com/virginiapolitics/2010/03/cuccinellis_office_confirms_vi.html#more) ---
**Author:** ![Squink](https://avatars.discourse-cdn.com/v4/letter/s/b5e925/32.png) [@Squink](https://boards.straightdope.com/u/Squink)\ **Post date:** [March 18, 2010, 2:51am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/4 "2010-03-18T02:51:41Z")
> [@Diogenes\_the\_Cynic](#): > > Virginia Attorney General, Ken “The Cooch” Cuccinelli… Is an also ran: [Idaho first to sign law aimed at health care plan](http://news.yahoo.com/s/ap/20100317/ap_on_go_co/us_health_overhaul_states) > [@](#): > > Idaho took the lead in a growing, nationwide fight against health care overhaul Wednesday when its governor became the first to sign a measure requiring the state attorney general to sue the federal government if residents are forced to buy health insurance. > > Similar legislation is pending in 37 other states. > > Constitutional law experts say the movement is mostly symbolic because federal laws supersede those of the states. Like Idaho spuds, it’s hard to top Idaho nuts. ---
**Author:** ![sleeping](https://avatars.discourse-cdn.com/v4/letter/s/839c29/32.png) [@sleeping](https://boards.straightdope.com/u/sleeping)\ **Post date:** [March 18, 2010, 2:51am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/5 "2010-03-18T02:51:46Z")
> [@Rand\_Rover](#): > > Say what you want about what he’s doing (and I don’t like it either), but he most definitely is not attempting to force Virginia universities to discriminate based on sexual orientation. No, but he is really going out of his way to encourage them to do so. > [@](#): > > Also, I’m sure you have reached your opinion on the merits of the potential lawsuit based on a careful analysis of the legal issues. No, wait, the opposite of that. [Self-executing rule (“deem and pass”)](http://en.wikipedia.org/wiki/Self-executing_rule): > [@](#): > > From the 95th-98th Congresses (1977-1984) the self-executing rule was used eight times, 20 times under Speaker O’Neill in the 99th Congress and 18 times under Speaker Wright in the 100th Congress. Under Speaker Gingrich there were 38 self-executing rules in the 104th Congress and 52 in the 105th Congress (1995-1998). Under Speaker Dennis Hastert there were 40 self-executing rules in the 106th Congress, 42 in the 107th Congress and 30 in the 108th Congress (1999-2007).[5] Like their bullshit complaints about reconciliation (and lies about it being the nuclear option), this just another hysterical effusion over nothing. ---
**Author:** ![The\_Second\_Stone](https://avatars.discourse-cdn.com/v4/letter/t/bbe5ce/32.png) [@The\_Second\_Stone](https://boards.straightdope.com/u/The_Second_Stone)\ **Post date:** [March 18, 2010, 2:53am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/6 "2010-03-18T02:53:26Z")
He sounds like a right arsehole. The federal government is empowered to do things for the general welfare. Whether this can require an individual to buy health insurance strikes me as a far constitutional reach. That the federal government can have voluntary programs to allow people to buy health insurance from the federal government is a slam dunk. And the feds can regulate any commerce that goes across state lines. I expect that the US Supreme Court will strike down an individual mandate. Usually legislation has anticipated that other provisions are not effected. I would hope that in the 2400 pages of gibberish that they have such saving provisions. ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [March 18, 2010, 2:54am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/7 "2010-03-18T02:54:28Z")
> [@Rand\_Rover](#): > > Also, I’m sure you have reached your opinion on the merits of the potential lawsuit based on a careful analysis of the legal issues. No, wait, the opposite of that. He hasn’t filed the suit, or spelled out exactly what his grounds are, so it’s kind of hard to analyze them. If he thinks it’s unconstitutional to force people to buy health insurance, he’s wrong. ---
**Author:** ![Rand\_Rover](https://avatars.discourse-cdn.com/v4/letter/r/db5fbb/32.png) [@Rand\_Rover](https://boards.straightdope.com/u/Rand_Rover)\ **Post date:** [March 18, 2010, 2:56am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/8 "2010-03-18T02:56:26Z")
> [@sleeping](#): > > No, but he is really going out of his way to encourage them to do so. What is your evidence for this proposition? He just said that state colleges could not include sexual orientation etc. in their discrimination policies. He isn’t encouraging any state college to actually discriminate on the basis of sexual orientation, etc. ---
**Author:** ![Piker](https://avatars.discourse-cdn.com/v4/letter/p/ba9def/32.png) [@Piker](https://boards.straightdope.com/u/Piker)\ **Post date:** [March 18, 2010, 2:58am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/9 "2010-03-18T02:58:02Z")
> [@Rand\_Rover](#): > > Also, I’m sure you have reached your opinion on the merits of the potential lawsuit based on a careful analysis of the legal issues. No, wait, the opposite of that. Are you kidding? As far as I can tell, the potential lawsuit is “I will sue over the unconstitutional use of reconciliation”. Reconciliation is a rule of the Senate. The lawsuit will not only get laughed out of court, I can guarantee you that any lawyer that files such a complaint will be subject to sanctions pursuant to Rule 11 of the Federal Rules of Civil Procedure, or the state system equivalent, depending on the forum. _Guarantee_. ---
**Author:** ![Rand\_Rover](https://avatars.discourse-cdn.com/v4/letter/r/db5fbb/32.png) [@Rand\_Rover](https://boards.straightdope.com/u/Rand_Rover)\ **Post date:** [March 18, 2010, 3:02am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/10 "2010-03-18T03:02:09Z")
> [@The\_Second\_Stone](#): > > He sounds like a right arsehole. The federal government is empowered to do things for the general welfare. Whether this can require an individual to buy health insurance strikes me as a far constitutional reach. That the federal government can have voluntary programs to allow people to buy health insurance from the federal government is a slam dunk. And the feds can regulate any commerce that goes across state lines. I expect that the US Supreme Court will strike down an individual mandate. Usually legislation has anticipated that other provisions are not effected. I would hope that in the 2400 pages of gibberish that they have such saving provisions. Wow, this little essay would cause you to fail any 8th grade civics course. And it’s interesting how you get the limits of federal power wrong in both directions (i.e., one part incorrectly overstates it while another part incorrectly understates it). Here’s some help: 1. The federal government is NOT empowered to do things for the general welfare. 2. The federal government can do more than just regulate commerce that goes across state lines. The interstate commerce clause has been interpreted to allow the federal government to pass any regulation that would affect interstate commerce. In the most famous case on this, the Court held that the federal government could regulation how much wheat a farmer grows for his own consumption because it affects how much wheat goes into interstate commerce. ---
**Author:** ![Rand\_Rover](https://avatars.discourse-cdn.com/v4/letter/r/db5fbb/32.png) [@Rand\_Rover](https://boards.straightdope.com/u/Rand_Rover)\ **Post date:** [March 18, 2010, 3:07am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/11 "2010-03-18T03:07:13Z")
> [@Diogenes\_the\_Cynic](#): > > He hasn’t filed the suit, or spelled out exactly what his grounds are, so it’s kind of hard to analyze them. Exactly. That’s the point. You don’t know what the lawsuit is yet, and you’ve already decided it’s a stupid lawsuit. I guess I really should come to expect such idiocy from you, but for some reason I keep giving you the benefit of the doubt. > [@](#): > > If he thinks it’s unconstitutional to force people to buy health insurance, he’s wrong. sez u ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [March 18, 2010, 3:14am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/12 "2010-03-18T03:14:41Z")
> [@Rand\_Rover](#): > > 1. The federal government is NOT empowered to do things for the general welfare. You just failed [constitutional law](http://topics.law.cornell.edu/constitution/articlei): > [@](#): > > Article 1, Section 8 > > The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense\*\* and general welfare of the United States…\*\* Now go make me a cherry coke. ---
**Author:** ![Piker](https://avatars.discourse-cdn.com/v4/letter/p/ba9def/32.png) [@Piker](https://boards.straightdope.com/u/Piker)\ **Post date:** [March 18, 2010, 3:17am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/13 "2010-03-18T03:17:36Z")
To split the difference, Congress only has the power to tax and spend for the general welfare, while the general power to legislate is usually confined by the interstate commerce clause. Of course, I would love to hear why **Rand Rover** thinks health insurance isn’t an issue that implicates interstate commerce. ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [March 18, 2010, 3:28am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/14 "2010-03-18T03:28:48Z")
Cuccinelli has also advocated Virginia [cutting funding to Planned Parenthood](http://hamptonroads.com/2010/02/mcdonnell-bolling-cuccinelli-react-planned-parenthood-push)and opened up the possibility of someone making the argument in federal courts that [a law signed by Obama is unconstitutional because Obama’s not a citizen.](http://notlarrysabato.typepad.com/doh/2010/03/cooch-gone-wild.html) ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [March 18, 2010, 3:33am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/15 "2010-03-18T03:33:43Z")
I think **Dio** started this whole thread because he likes typing “The Cooch”. Perv. ---
**Author:** ![curlcoat](https://avatars.discourse-cdn.com/v4/letter/c/ea5d25/32.png) [@curlcoat](https://boards.straightdope.com/u/curlcoat)\ **Post date:** [March 18, 2010, 3:35am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/16 "2010-03-18T03:35:18Z")
> [@Diogenes\_the\_Cynic](#): > > He hasn’t filed the suit, or spelled out exactly what his grounds are, so it’s kind of hard to analyze them. If he thinks it’s unconstitutional to force people to buy health insurance, he’s wrong. Really? The government can force me to spend money on something that _they_ think I need? Scary. ☹ ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [March 18, 2010, 3:37am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/17 "2010-03-18T03:37:17Z")
> [@curlcoat](#): > > Really? The government can force me to spend money on something that _they_ think I need? Scary. ☹ Whens the last time you got to choose whether your tax dollars are spent on tanks or not? ---
**Author:** ![Piker](https://avatars.discourse-cdn.com/v4/letter/p/ba9def/32.png) [@Piker](https://boards.straightdope.com/u/Piker)\ **Post date:** [March 18, 2010, 3:37am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/18 "2010-03-18T03:37:41Z")
> [@curlcoat](#): > > Really? The government can force me to spend money on something that _they_ think I need? Scary. ☹ Yes. It’s called “taxes”. Don’t be scared. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [March 18, 2010, 3:38am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/19 "2010-03-18T03:38:03Z")
> [@curlcoat](#): > > Really? The government can force me to spend money on something that _they_ think I need? Since when is this news? If this were not settled law, you would not be collecting SSDI benefits. ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [March 18, 2010, 3:43am UTC](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838/20 "2010-03-18T03:43:57Z")
> [@Rand\_Rover](#): > > Wow, this little essay would cause you to fail any 8th grade civics course. And it’s interesting how you get the limits of federal power wrong in both directions (i.e., one part incorrectly overstates it while another part incorrectly understates it). > > Here’s some help: > > 1. The federal government is NOT empowered to do things for the general welfare. Show me where the Constitution says it can’t. [Next page](https://boards.straightdope.com/t/the-cooch-thinks-hes-going-to-sue-america-if-health-care-passes-what-is-it-with-this-butthole/532838.md?page=2)