Video: Former TX Solicitor General explains strategies, difficulties of legal fight against ObamaCare

posted at 2:20 pm on April 12, 2010 by Ed Morrissey

Ted Cruz, former Solicitor General of Texas, met with Melissa Clouthier, Tabitha Hale, and myself at the SRLC to discuss the legal strategies that will come into play in attempting to defeat the federal mandate in ObamaCare. As Solicitor General for Texas from 2003-2008, Cruz argued eight cases before the US Supreme Court, winning some significant victories for conservatives. We asked a number of questions about the likelihood of success from the state challenges to the mandate, which Cruz thought was fairly high. At the same time, Cruz was more pessimistic about so-called “nullification” statutes passed by states such as Montana that forbids the state from helping enforce the mandate. Those, Cruz says, will likely fail in federal court, but they do serve a political purpose in heightening the visibility of federal encroachment on state sovereignty.

The best and most complete route for undoing ObamaCare is the political channel, Cruz emphasizes. The courts can only do so much — and as conservatives, we shouldn’t expect them to do any more than reject the unconstitutional sections of ObamaCare:

We had a longer conversation with Cruz off camera. He intended to run for Attorney General as offices got switched around when Kay Bailey Hutchison announced she would resign her Senate seat regardless of the outcome of the primary. When she changed her mind, with the public blessing of Governor Rick Perry, it had a domino effect on Texas politics that left Cruz without an office to pursue. He insists that he will run for public office in the near future, but meanwhile wants to remain active in policy issues. Texans may want to keep an eye on Cruz.


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WHOA PIC TO BIG!

upinak on April 12, 2010 at 2:22 PM

Ed – Reformat the pic on the home page… bleeds right at 2x the size…

Odie1941 on April 12, 2010 at 2:23 PM

Whoa. Resize the video on the home page for this one, please. It’s mondo-huge if I load the page with Safari.

ExUrbanKevin on April 12, 2010 at 2:23 PM

One difficulty: WHOA PIC TO BIG!

Abby Adams on April 12, 2010 at 2:23 PM

Holy front page picture, Edward!

amerpundit on April 12, 2010 at 2:23 PM

lol…Ed’s still breaking HotAir…

;)

JetBoy on April 12, 2010 at 2:24 PM

I can’t make out the front page picture. Can you enlarge it for me?

Caper29 on April 12, 2010 at 2:25 PM

Well, he’s from Texas and everything from Texas is bigger. ;-)

I interviewed Ted too and will post my video soon. I think Ted Cruz will be the next Governor of Texas, and can be a serious presidential candidate around 2016/2020.

cannonball on April 12, 2010 at 2:25 PM

Sorry about that! I haven’t made that mistake in a while.

Ed Morrissey on April 12, 2010 at 2:28 PM

All we need is the appropriate audio to go with that pic:

“Our top story tonight…”

“OUR TOP STORY TONIGHT…”

JetBoy on April 12, 2010 at 2:28 PM

Sorry about that! I haven’t made that mistake in a while.

Ed Morrissey on April 12, 2010 at 2:28 PM

It keeps us and you on everyones toes. :)

upinak on April 12, 2010 at 2:31 PM

Sorry about that! I haven’t made that mistake in a while.

Ed Morrissey on April 12, 2010 at 2:28 PM

that crawfish etouffe or jambalaya still must be working its magic on ya, huh, Ed!..

ted c on April 12, 2010 at 2:32 PM

Sorry about that! I haven’t made that mistake in a while.

Ed Morrissey on April 12, 2010 at 2:28 PM

LOL
So cute.

carbon_footprint on April 12, 2010 at 2:32 PM

I feel encouraged…hope to see more of this mr cruz in the near future

cmsinaz on April 12, 2010 at 2:33 PM

If a quick thrust does not kill Herr Doctor Victor Obamastein’s Medical Experimentation Monster, then give it a Death of a Thousand Cuts.

MB4 on April 12, 2010 at 2:42 PM

Gregg Abbott is our current Attorney General and a finer AG you will never find. I would support Cruz, but not against Abbott.

RushBaby on April 12, 2010 at 2:50 PM

Gregg Abbott is our current Attorney General and a finer AG you will never find. I would support Cruz, but not against Abbott.

RushBaby on April 12, 2010 at 2:50 PM

Ditto.
Gregg Abbott is an awesome man.

carbon_footprint on April 12, 2010 at 3:19 PM

Ted Cruz, former Solicitor General of Texas, met with Melissa Clouthier, Tabitha Hale, and myself

Isn’t that supposed to be me.

huckleberryfriend on April 12, 2010 at 3:31 PM

The analogy Cruz gives on the mandate sounds good and I’ve heard it before, but reality is different. Since the mandate is really a tax credit, you can lock yourself in a room and do nothing. If you don’t file a tax return you don’t have to have insurance.

Jaynie59 on April 12, 2010 at 3:40 PM

The courts can only do so much — and as conservatives, we shouldn’t expect them to do any more than reject the unconstitutional sections of ObamaCare:

Just exactly which parts of the government takeover of any industry – constitutional???

labrat on April 12, 2010 at 5:11 PM

Cruz was more pessimistic about so-called “nullification” statutes passed by states such as Montana that forbids the state from helping enforce the mandate. Those, Cruz says, will likely fail in federal court

BULL-$#!t

The best and most complete route for undoing ObamaCare is the political channel, Cruz emphasizes. The courts can only do so much…we shouldn’t expect them to do any more than reject the unconstitutional sections of ObamaCare

What else SHOULD the court do???? While I agree that the congress should reverse this, in the very least, the law should be found unconstitutional as quickly as possible.

Any state who passes a nullification statute is well within their rights if the law is indeed unconstitutional.

BierManVA on April 12, 2010 at 7:11 PM

I attended a TEA party this past Sat and the final speaker was Ken Cuccinelli, Attorney General of VA. His comments almost mirrored those of Mr. Cruz. He believes there is very good reason to expect that the court cases against the federal mandate will be successful. But, it rests on the court finding the mandate is unconstitutional. And, he said it will come down to the commerce clause in the end. However, if the court does not find it unconstitutional then the “nullification” passed by VA will fail because of the preminence of federal law. And, he emphasized exactly what Mr. Cruz did, it’s up to the voters to stop this.

He said that if congress had decided that instead of mandating that you buy insurance from a provider they had instituted a tax that went to the government who then provided government heathcare, there wouldn’t be a viable legal challenge. The only reason they didn’t do this is because they were afraid to face the voters and defend the cost.

The emphasis of the TEA party was on fiscal restraint, but Mr. Cuccinelli chose to put an equal if not greater emphasis on liberty in his remarks. He said that many pies such as wealth were infinite, we could always grow the economy. But, the liberty pie was finite and the more liberty we surrendered to government the less we had as individuals. Obamacare takes that liberty from us and empowers goverment to make our decisions. Once done, we will never get it back.

SoonerMarine on April 13, 2010 at 7:50 AM