| 00:00:23 |
Unidentified Speaker, -
TO GET INTO THE MERITS OF WHETHER THE AFFORDABLE CARE AT -- WE BELIEVE LIBERTY UNIVERSITY PLAINTIFFS HAVE STANDING. EVERSON ANOTHER CASE, IT HAS BEEN...
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| 00:01:14 |
Unidentified Speaker, -
HAS AN INTEREST IN DEFENDING ITS OWN LOSS FROM FEDERAL PREEMPTION. WHY IS THIS EFFORT -- WHY IS THE SITUATION DIFFERENT HERE? >> THE STATE IS
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| 00:01:27 |
Unidentified Speaker, -
INTERVENING AND USING HIMSELF AS A SHIELD AGAINST SOME FEDERAL LAW THAT IS COMING IN. HEAR WHAT THE STATE IS DOING IS DIFFERENT. THEY HAVE TAKEN A LAWSUIT,...
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| 00:02:00 |
Unidentified Speaker, -
THAT WITH RESPECT IN THE STATUTE ENACTED BY CONGRESS LACK CREDIBILITY? I DO NOT SEE LIMITING PRINCIPLE HERE. HOW ON CAN IT BE STATING IF ALL IT TAKES...
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| 00:02:26 |
Unidentified Speaker, -
THE STANDING IT WOULD ALLOW A STATE THAT WAS OPPOSED TO THE WAR IN AFGHANISTAN TO SAY OUR CITIZENS SHOULD BE EXEMPT AND FILE A LAWSUIT ON THE BASIS,...
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| 00:02:56 |
Unidentified Speaker, -
NOT AS THOUGH THE ATTORNEY GENERAL -- THE GOVERNOR DECIDED -- THE ACT OF ENACTING LEGISLATION IN THE STATE IS AN ACT BY A SOVEREIGN STATE TO PERPETUATE...
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| 00:05:12 |
Unidentified Speaker, -
TEXT OF THE STATUTE, AND I THINK THE TEXT DOES NOT DO MUCH MORE THAN ESSENTIALLY -- FOR THESE PURPOSES -- IT DOES OTHER THINGS -- IT SAYS NO EMPLOYER...
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| 00:06:00 |
Unidentified Speaker, -
I THOUGHT YOU WERE MAINTAINING THE HAD NO STANDING, BUT THIS LEGISLATION DOES NOT EVEN CONTROL, DOESN'T EVEN MEET THE CHALLENGE FEDERAL STATUTE OF >>...
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| 00:06:11 |
Unidentified Speaker, -
THE SENSE THAT THE TEXT GOES FURTHER -- I WAS REFERRING TO THE NON-LAWSON ASPECTS OF IT. -- NON-LAWSUIT ASPECTS OF IT. >> HOW WOULD VIRGINIA
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| 00:06:35 |
Unidentified Speaker, -
AND FORCED THIS STATUTE OTHER THAN BY BRINGING THIS LAWSUIT? >> AS I UNDERSTAND MY FRIEND,
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| 00:06:44 |
Unidentified Speaker, -
HE SAYS THEY COULD ENFORCE IT -- COUNTY EMPLOYERS -- I'M NOT SURE IF THAT IS TRUE OR NOT. >> A COUNTY OR
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| 00:06:57 |
Unidentified Speaker, -
CITY CANNOT DO ANYTHING UNLESS THE LEGISLATURE SAYS HE CAN DO THAT, SO THEY DO NOT NEED THIS STATUTE TO PROHIBIT -- NOR FULL OR NEWPORT NEWS -- FORCED...
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| 00:07:33 |
Unidentified Speaker, -
THE CENTRAL POINT TO YOU IS AS IT CHOOSES VS. MELLON THAT CLEARED LIMIT ON THE ARTICLE 3 COURT AND DOES NOT ALLOW THE ENTERTAINING OF LOSSES SUCH AS...
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| 00:08:19 |
Unidentified Speaker, -
A SNAP DECISION IS ONE ABOUT -- >> ARE YOU SAYING THAT WAS A SNAP DECISION? [LAUGHTER] >> THAT WAS THE
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| 00:08:32 |
Unidentified Speaker, -
DECISION NOT ABOUT FEDERAL STATUTE THAT THE STATE WAS ATTACKING. THEY WANTED TO ENFORCE THE FEDERAL STATUTE. THEY LIKED THE FEDERAL STATUTE, AND WHAT...
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| 00:09:04 |
Unidentified Speaker, -
EXACTLY. THEY DO NOT HAVE JURISDICTION IN THIS REALM. THERE ARE NO OTHER QUESTIONS
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| 00:09:12 |
Unidentified Speaker, -
ON STANDING. >> [UNINTELLIGIBLE] DOES INDICATE THAT THE STATE HAS A SOVEREIGN INTEREST IN ENSURING THAT LEGAL CODE IS BEING FOLLOWED, AND YOUR DISTINCTION...
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| 00:09:34 |
Unidentified Speaker, -
GOVERNMENT? >> THAT IS CORRECT. THOSE ARE CASES IN WHICH THIS THING IS SAY THERE IS A SHIELD WE WANT TO PROTECT OUR STATUTE AGAINST SOMEONE WHO IS TRYING...
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| 00:09:48 |
Unidentified Speaker, -
VS EPA CASE, [UNINTELLIGIBLE] WAS IT SOVEREIGN INTEREST? >> IT WAS ABOUT
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| 00:10:01 |
Unidentified Speaker, -
THE COASTAL LANDS OF MESSAGES IS THAT WOULD BE HARMED. THERE'S A CRITICAL DIFFERENCE BETWEEN ALLOWING THE STATE TO PROTECT THEIR CITIZENS FROM THE OPERATION...
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| 00:10:41 |
Unidentified Speaker, -
MASSACHUSETTS HAD A STATUTORY STANDING WITH THE EPA. [UNINTELLIGIBLE] >> IF THE COURT HAS QUESTIONS ON THE MERITS -- >> BOTTOM
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| 00:10:56 |
Unidentified Speaker, -
LINE IS THE SITUATION WHERE EVEN HEALTH THE STATE POLICE A FEDERAL STOP SHIPS -- THAT IS UNCONSTITUTIONAL, THAT UNLESS IT HAS A SOVEREIGN INTEREST, IT...
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| 00:11:17 |
Unidentified Speaker, -
RIGHT, JUDGE. I WOULD PUT OUT THAT INDIVIDUALS WHO BRING LOSSES -- I SHOULD HAVE SAID EARLIER -- EXACTLY, AND THERE'S A DIFFERENCE WHEN STATES GET INVOLVED,...
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| 00:11:40 |
Unidentified Speaker, -
THAT THE OTHER SIDE AS POSITIVE IN ACTIVITY, -- [UNINTELLIGIBLE] >> I DO NOT
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| 00:11:54 |
Unidentified Speaker, -
THINK WE DO. FIRST AND FOREMOST THIS IS -- ALSO THE DISTINCTION BETWEEN INACTIVITY AND ACTIVELY ALSO LESS OFTEN BREAKS DOWN INTO NOMENCLATURE WHERE...
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| 00:13:04 |
Unidentified Speaker, -
WOULD BE,, DO NOT HAVE ACTIVITY -- BEAR WITH ME. WHAT CAN WE DO WITH THE WORD "REGULATION," BECAUSE THERE IS NO GREAT CONCERN HERE, AND THE RESEARCH...
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| 00:14:16 |
Unidentified Speaker, -
IN THE BREEZE OF THIS COURT. I WOULD SAY SEVERAL THINGS. I'M NOT SURE THAT REGULATION IS A POOR IS -- THAT REGULATION PRESUPPOSES ACTIVITY. THE REGULATION...
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| 00:15:30 |
Unidentified Speaker, -
I WANT TO UNDERSTAND SOMETHING TICKET THERE WAS A CASE -- HE THOUGHT ABOUT -- WYOMING WAS AGAINST THE UNITED STATES AND WAS DEALING WITH A LEGAL CODE,...
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| 00:17:00 |
Unidentified Speaker, -
THE PROPOSITION THAT ALL THE CASES THAT RECOGNIZE SOVEREIGN STANDING AGAINST INDIVIDUALS, WYOMING BROUGHT A DECLARATORY JUDGMENT ACTION AGAINST THE...
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| 00:18:11 |
Unidentified Speaker, -
LOT ON WYOMING. WE HAVE A SITE FROM 56 CIRCUITS WHERE THERE IS SOVEREIGN STANDING IN THE LAW -- 5 OR 6 CIRCUITS. >> THE THE ONLY ONE WHERE
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| 00:18:33 |
Unidentified Speaker, -
IT IS A DECLARATORY JUDGMENT IS WYOMING, BUT THERE MAY BE ONE IN OHIO. >> THIS
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| 00:18:43 |
Unidentified Speaker, -
GIVES YOU A CHANCE TO ARGUE. >> THE BASIS IN
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| 00:18:50 |
Unidentified Speaker, -
WYOMING IS THAT IN ESSENCE THERE WAS A SOVEREIGN INTERESTS. THEY WERE ALREADY DOING THESE THINGS AND THEN THIS ALL COMES AROUND AND KEEP THE STATE FROM...
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| 00:19:20 |
Unidentified Speaker, -
QUASI-SOVRAN STANDINGS. MASSACHUSETTS HAS PROPRIETARY STANDING BECAUSE OF ITS COASTLINE AND SO FORTH. IT RECOGNIZES FULL SOVEREIGN STANDING, WHICH ONLY...
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| 00:19:59 |
Unidentified Speaker, -
BE GOOD ATTORNEY GENERAL OF THE COMMONWEALTH OF VIRGINIA IN FORCE THIS STATE STATUTES OTHER THAN BY BRINGING THIS LAWSUIT? >>
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| 00:20:15 |
Unidentified Speaker, -
HE WOULD ENFORCE AGAINST ANYBODY WHO WAS BREAKING INTO WAS A PRIVATE PARTY. >> HOW WOULD A PRIVATE
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| 00:20:22 |
Unidentified Speaker, -
PARTY BY LATE THIS? -- VIOLATE THIS? >> SO IF
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| 00:20:36 |
Unidentified Speaker, -
A CORPORATION IN NORTH FOLK SAID TO JOHN BROWN, I WILL HIRE YOU, BUT AS A CONDITION OF YOUR HIRE, YOU HAVE TO ACCEPT THIS HEALTH INSURANCE PLAN THAT WE...
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| 00:21:03 |
Unidentified Speaker, -
DO THAT IF THEY TERMINATED THE EMPLOYEE -- THE ONLY WAY COULD BE ENFORCED AGAINST THE FEDERAL GOVERNMENT -- >> I AM ASKING
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| 00:21:17 |
Unidentified Speaker, -
FOR ENFORCEMENT AGAINST ANYBODY ANYWHERE ANYTIME. I AM HAVING DIFFICULTY UNDERSTANDING HOW THIS STATUTE COULD BE ENFORCED. >> IT COULD BE
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| 00:21:26 |
Unidentified Speaker, -
ENFORCED BY INJUNCTION BY THE ATTORNEY GENERAL AND BY ANY PRIVATE PARTY IS HARMED BY THE REQUIREMENT OF HAVING INSURANCE. >> SO JOHN
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| 00:21:37 |
Unidentified Speaker, -
BROWN SAYS I WANT THE JOB, BUT I DO NOT WANT THE INSURANCE. IT IS THE COURT GOING TO RETIRE -- REQUIRE JOHN BROWN TO PAY FOR IT? THE EMPLOYEE PROVIDES...
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| 00:22:03 |
Unidentified Speaker, -
ALL IS THAT AT ONE POINT, THE UNITED STATES WAS CLAIMING THAT THIS WAS NOT A LOT OF GENERAL APPLICATION BUT THAT IT DOES OTHER THING. IT DOES CREATE...
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| 00:22:36 |
Unidentified Speaker, -
YOUR VIEW THAT THE STATE COULD CHALLENGE ANY STATUTE, ANY FEDERAL STATUTE IN COURT AS LONG AS YOU TAKE FIRST STEP LOST DISAGREEING WITH THAT? IF YOU...
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| 00:22:57 |
Unidentified Speaker, -
CHALLENGE ANY FEDERAL STATUTE ON THE BOOKS. >> IN ALL
|
| 00:23:07 |
Unidentified Speaker, -
PROBABILITY, THE MARYLAND TAX STATUTE WAS PROBABLY CREATED IN ORDER TO CHALLENGE THE CONSTITUTIONALITY OF THE BANK OF THE UNITED STATES. THE FACT OF...
|
| 00:23:27 |
Unidentified Speaker, -
THE QUESTION, AND YOUR ANSWER IS YES. >> THE FLIP SIDE OF
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| 00:23:30 |
Unidentified Speaker, -
THAT IS NO STATE COULD SUE THE OTHER. THAT IS NOT EVEN WITH THE BRIEFING SAYS. THE SECRETARY SAYS IT IS AN UNCONTROVERSIAL THAT THE STATE HAS STANDING...
|
| 00:24:00 |
Unidentified Speaker, -
QUESTION AND MAKE SURE I UNDERSTAND IT. MELLON HAD TO STAND FOR SOMETHING. THERE WAS A REASON AS TO WHY -- AS I UNDERSTAND YOUR POSITION IS TO GET AROUND...
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| 00:24:33 |
Unidentified Speaker, -
NOT DOING IT FOR THE CITIZENS. MAINTAINING FEDERALISM INDIRECTLY SERVES THE LIBERTY INTEREST OF ALL CITIZENS, BUT THE INTEREST, THE INJURY IS A SOVEREIGN...
|
| 00:25:46 |
Unidentified Speaker, -
AND NO ONE IS EVEN SUGGESTING THAT. >> NO ONE HAS VIOLATED IT. >> OF
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| 00:25:54 |
Unidentified Speaker, -
COURSE IT CAN BE VIOLATED. ANYBODY THAT REQUIRES A CITIZEN OF VIRGINIA TO EXCEPT CIRCUMSTANCES STATED IN THE STATUTE, THAT VIOLATES THE STATUTE. >> IF...
|
| 00:26:08 |
Unidentified Speaker, -
IN NORTH ARLINGTON LIVES IN NORTH ARLINGTON BUT IS A TEACHER IN THE DISTRICT OF COLUMBIA, DOES YOUR STATUTE CONSTRAIN -- >>
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| 00:26:32 |
Unidentified Speaker, -
I REALLY WOULD LIKE TO CALL THE COURT'S ATTENTION TO NEW JERSEY VS. SGT. THEY ARE THE SUPREME COURT SAID THE REASON THERE WAS NOT STANDING IS THERE IS...
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| 00:27:50 |
Unidentified Speaker, -
VIRGINIA LEGISLATURE SHOULD TEST THE LAW THAT SAYS NO PRODUCES AND SHOULD BE REQUIRED TO PAY SOCIAL SECURITY, WOULD THAT BE THE ABILITY TO CHALLENGE...
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| 00:28:00 |
Unidentified Speaker, -
STANDING TO LOSE JUST LIKE THEY HAVE STANDING TO LOSE IN WYOMING. >> YOU MEAN THE STATE
|
| 00:28:07 |
Unidentified Speaker, -
IN THE SOVEREIGN CAPACITY. COULD OREGON PASSED THE STATUTE TOMORROW SAYING WE DISAGREE WITH THE NATIONAL IMMIGRATION ACT? >>
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| 00:28:16 |
Unidentified Speaker, -
THEY HAVE STANDING TO LOSE. A COAST GUARD IS NOT TO BE DEDICATED. I DON'T KNOW WHY SOME SORT OF LAUTREC TO PASS A LAW, BECAUSE AS YOU POINT OUT, IT IS...
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| 00:28:50 |
Unidentified Speaker, -
COULD THE COMMONWEALTH TO MORE EASILY AND THIS A DAY OF THE RISE BUT ATTORNEY GENERAL TO CHALLENGE THE FEDERAL STATUTES? >> WE CANNOT GIVE
|
| 00:29:04 |
Unidentified Speaker, -
OURSELVES -- WE HAVE TO HAVE A SOVEREIGN ACT. THE BLACK SIDE OF THIS IS, IT JUST AS ARIZONA HAS BEEN SUED FOR PASSING A LAW, THE UNITED STATES COULD SUE...
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| 00:29:48 |
Unidentified Speaker, -
I SEE HOW YOUR CONNECTING THIS. THE ISSUE THAT SEEMS TO KEEP COMING BACK TO ME IS THAT WHEN YOU LOOK AT THE INDIVIDUAL MANDATE PASSED BY THE FEDERAL GOVERNMENT,...
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| 00:30:18 |
Unidentified Speaker, -
THE INTEREST IS CONSTITUTIONAL. >> WITHOUT THIS STATUE,
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| 00:30:22 |
Unidentified Speaker, -
WHAT IS YOUR ARGUMENT THAT THE STATE THEN HAS STANDING? >> THERE WAS A STATE
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| 00:30:34 |
Unidentified Speaker, -
STATUTES BUT IN ALL PROBABILITY THERE IS NOTHING LEFT OF THE STANDING OF MASSACHUSETTS VS. MELLON, BUT WANTED TO MAKE SURE BETOOK OURSELVES OUT FROM...
|
| 00:31:05 |
Unidentified Speaker, -
IS NO STATUTE. ALL HAVE IS THIS FEDERAL INDIVIDUAL MANDATE. WHAT IS THE LEGAL ARGUMENT THAT MELLON DOES NOT APPLY, OTHER THAN YOU SAYING IS OVERRULED?...
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| 00:31:21 |
Unidentified Speaker, -
TRANSITIONAL DECISION. IT HAS TWO ASPECTS. MODERNS STANDING DOCTRINE IS COMING INTO EXISTENCE JUST AT THAT TIME. IT HARKENS BACK TO THE CHEROKEE INDIAN...
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| 00:32:04 |
Unidentified Speaker, -
THE STATE COULD NOT FILE AN ACTUAL EXHIBIT OF THE CITIZEN IF THE ACT ITSELF IS NO MORE THAN AN ACTION THAT PUTS A MANDATE ON INDIVIDUALS. I THINK WE...
|
| 00:32:35 |
Unidentified Speaker, -
I NEED TO HAVE THAT DISTINCTION. IF YOU ARE RELYING ON THE STATUTE, THEN I CAN FOCUS ON THAT, BUT IF YOU TELL ME THAT EVEN WITHOUT THE STATUTE YOU HAVE...
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| 00:32:55 |
Unidentified Speaker, -
CONTRADICT -- I AM RESTED MY CLAIM ON MY STATUTES. >> SO THIS STATUED, BEFORE
|
| 00:33:11 |
Unidentified Speaker, -
THIS THERE IS NO OPPORTUNITY, NO STANDING, BUT THE STATUTE CREATED IT. >> HERE IS WHERE
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| 00:33:19 |
Unidentified Speaker, -
WE ARE. I AM NOT DEALING WITH THE 10TH AMENDMENT, WHICH IS ABSOLUTELY CORRECT. IS THIS A VALID STATUTE? WHAT I WANT TO DEAL WITH -- IF YOU TOOK ME IN...
|
| 00:34:21 |
Unidentified Speaker, -
NEW JERSEY VS. SGT. THE FEDERAL GOVERNMENT SAID IT IS NOT A RESERVE POWER. I DON'T KNOW WHY UNDER MODERN STANDING DOCTRINE THAT IS NOT THE END OF IT....
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| 00:36:00 |
Unidentified Speaker, -
WAS BECAUSE OF THE PURPLE LAW SUPPORTED BY SO MANY DIFFERENT ENUMERATED POWERS. I WOULD LIKE TO END WITH ONE NOTE GOING BACK TO THE STANDING. HAMILTON...
|
| 00:37:03 |
Unidentified Speaker, -
THE BOOTS ON THE GROUND. WE CAN TALK ABOUT GENERAL PRINCIPLES. SOMETIMES WHEN I READ CONSTITUTIONAL PRINCIPLES, YOU READ THE CASE LAW AND IT SETS IT...
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| 00:38:13 |
Unidentified Speaker, -
AWAY FROM THE STATUTE CREATES STANDING. WHEN THE STATE PURPORTS TO ACT IN ITS SOVEREIGN CAPACITY, IF IT COLLIDES WITH THE FEDERAL GOVERNMENT, IT HAS INVARIABLY...
|
| 00:39:23 |
Unidentified Speaker, -
HERE IS AUTHORIZED BY THE DECLARATORY JUDGMENT STATUTE BUT ACTUALLY A RISES BY IMPLICATION UNDER THE SUPREMACY CLAUSE AND THE 10TH AMENDMENT? >> THE SUPREME...
|
| 00:39:37 |
Unidentified Speaker, -
HAS SAID OF THIS GRIM BECAUSE AND THE 10TH AMENDMENT -- THE SUPREMACY CLAUSE AND THE 10TH AMENDMENT OR AN ANSWER TO HAS THE POWER. IT GIVES RISE TO...
|
| 00:40:30 |
Unidentified Speaker, -
THE COMMONWEALTH ARGUMENT RAISES THE PROSPECT THAT INDEX FEDERAL COURTS INTO STATE AND FEDERAL DISPUTES. THE WAR IN IRAQ AND AFGHANISTAN IS AN EXAMPLE,...
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| 00:41:25 |
Unidentified Speaker, -
CASE SINCE THEN HAS NOT GONE IN THAT WAY. >> IT HAS
|
| 00:41:37 |
Unidentified Speaker, -
NOT BEEN OVERRULED. I THINK IT STANDS FOR THE FUNDAMENTAL PRINCIPLE ABOUT THE LIMITED ROLE OF THE SUPREME COURT. ANOTHER CASE WHERE THE STATE OF MARYLAND...
|
| 00:42:33 |
Unidentified Speaker, -
THE WYOMING CASE. THERE IS A WHOLE STRING OF CASES THAT DEAL WITH LEGAL CODES. >> I AM NOT
|
| 00:42:50 |
Unidentified Speaker, -
SURE -- PRECISELY WHICH ONES HE IS REFERRING TO. NONE OF THEM ARE ONES IN WHICH THE STATE IS COMING IN AND PROTECTING THE RIGHTS OF CITIZENS THE WAY...
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| 00:44:07 |
Unidentified Speaker, -
ABOUT CAN YOU REGULATE SOMETHING THAT IS NOT AN ACTIVITY. >> THE FUNDAMENTAL POINT
|
| 00:44:18 |
Unidentified Speaker, -
IS THAT THE TEST IS, IS THERE A SUBSTANTIAL EFFECT ON COMMERCE? LIMITED PRINCIPLES MAPPED ONTO WHAT [UNINTELLIGIBLE] I THINK THEY ARE QUITE CLEAR THAT...
|
| 00:45:10 |
Unidentified Speaker, -
I WAS TRYING TO LOOK AT SOMETHING THAT WOULD BE CLOSE TO THIS THAT HAS ACTUALLY BEEN EXAMINED BY THE COURT. THE CLOSEST THING IS CASES ABOUT THE CHILD...
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| 00:46:22 |
Unidentified Speaker, -
THAT WE ARE NOT IN THAT BALL GAME AT ALL. WE ARE IN THE BALL GAME OF CONGRESS REGULATING ACTIVITY, WHICH IS EVERYONE BEING IN THE HEALTH-CARE MARKET....
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| 00:46:46 |
Unidentified Speaker, -
LEAST A COMMERCE CLAUSE ARGUMENT IF THEY REQUIRE EVERYBODY TO BUY IT. FOR WHATEVER REASON, THEY DID NOT DO THAT. SO WE DO NOT HAVE THAT SITUATION. WE...
|
| 00:47:10 |
Unidentified Speaker, -
FOR ANY NUMBER OF POLICY REASONS, TO GIVE PEOPLE MORE CHOICE, AND SO ON. THE TEST FOR THIS COURT CANNOT BE IS THERE SOME OTHER WAY TO DO IT THAT MIGHT...
|
| 00:47:48 |
Unidentified Speaker, -
IS ACTIVITY. THE NECESSARY AND PROPER CLAUSE PROVIDES THE AUTHORITY FOR CONGRESS TO FILL IN GAPS EVEN FOR THINGS THAT DO NOT FALL WITHIN THE TEXT OF...
|
| 00:48:03 |
Unidentified Speaker, -
AGREE WITH WHAT CONGRESS HAS DONE HERE, A SUMMARY OF PAYMENTS THAT ARE GOING TO BE MADE IN THE FUTURE? >> THIS
|
| 00:48:15 |
Unidentified Speaker, -
IS ABOUT FINANCIAL TRANSACTIONS, MONEY AND PAYMENTS. >> THANK YOU VERY MUCH. >> WE WILL COME
|
| 00:48:27 |
Unidentified Speaker, -
DOWN AND REECE THE LAWYERS AND THEN TAKE A VERY BRIEF RECESS. >> HERE
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.