“The Cooch’s” Big Week


I

t’s been quite a week so far Ken Cuccinelli, Virginia’s right-wing attorney general.

On Monday, U.S. District Judge Henry E. Hudson, a Richmond jurist appointed by Republican President George W. Bush, allowed Cuccinelli’s lawsuit against the federal Patient Protection and Affordable Care Act, otherwise known as “Obamacare”, to go forward.
Also on Monday, following a request by fellow Republican, Del. Robert G. Marshall of Prince William County, Cuccinelli said it was okay to detain and “briefly question” someone they have stopped or arrested whom they suspect may be an illegal immigrant. This flies in the face of last week’s ruling by U.S. District Judge Susan Bolton, an appointee of Democratic President Bill Clinton.
And, on Sunday, The Washington Post magazine published a gushy profile of Cuccinelli that casts him as the protector of women’s rights, loving father of seven children, regular guy who hoists a few with the staff at Richmond’s Capital Ale House, amateur baseball hitter and a fun-loving outdoorsman dressed in cammies as he prepares to blast away, presumably at liberals, in a paintball game.
The article, which has sparked well over 200 passionate comments on the Post’s Web page, ignores or sidesteps Cuccinelli’s more incendiary aspects, such as opining legally that public universities cannot protect gays, that social security numbers can let the dangerous government track you, that scientists who are critical of global warming are likely public money frauds, and so on.
And it’s only Tuesday.
Peter Galuszka

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31 responses to ““The Cooch’s” Big Week”

  1. Anonymous Avatar
    Anonymous

    Peter,

    It's reasonable to note that Hudson was appointed by G Bush. But the question remains, did Judge Hudson ignore existing case law as Judge Bolton seems to have done.

    Mr. Justice Brennan wrote: "Although the State has no direct interest in controlling entry into this country, that interest being one reserved by the Constitution to the Federal Government, unchecked unlawful migration might impair the State’s economy generally, or the State’s ability to provide some important service. Despite the exclusive federal control of this Nation’s borders, we cannot conclude that the States are without power to deter the influx of persons entering the United States against federal law, and whose numbers might have a discernible impact on traditional state concerns."

    If the U.S. Supreme Court says states have authority to take action against illegal immigrants, how can states be powerless to take action? Saying Fred Hiatt and his ilk don't approve is not an answer. (Hiatt to me is like Cuccinelli to you.)

    Glad to see we agree on ensuring young Americans of all races and ethnic backgrounds have career opportunities. I suspect we'd find a number of other areas of agreement.

    TMT

  2. Groveton Avatar

    The next governor of Virginia did have a big week. Attacking the over-reach of the federal government. Allowing localities to implement the controversial parts of the Arizona law with barely a whimper. Michale Mann is still in his legal gunsights. And, speaking of gunsights, if he's huntimg liberals it's not with paint balls. The liberals' only hope might be to get designated an endangered species in Virginia.

    And … the national Democrats had a big week too. Not one but two ethics trials.

    More Americans now blame Obama for the unemployment rate than Bush.

    Tick, tock Mr. President. Tick tock.

    Meanwhile, back in Virginia, a new poll just found McDonnell with a 64% approval rating. In the midst of a recession. I guess the Democrats are happy that we have term limits. At this rate, he could be elected king.

    And a postscript for LarryG. I went to a triathalon in Richmond 9 days ago. The swim was in the James River. There were signs advising people not to eat fish caught in that river due to mercury levels. Hmmm… Haven't seen many of those signs in NoVa for a while. You sure it's NoVa polluting the bay?

  3. Anonymous Avatar
    Anonymous

    I abhor this man's policies. Cuccinelli's selected application of his "interpretation" of the Constitution and Bill of Rights is an embarrassment to Virginia and the country, as everything that he stands for is anti-Constitution and anti-US.

    In his Cuccinelli world, only certain citizens are entitled to equal rights as determined by his measuring stick–if people can be discriminated against based on sexual preference, how far away is religious discrimination and racial discrimination? Prove to me there will be no racial profiling in the immigration issue that he has now latched on to.

    In Cuccinelli's world free speech is for everyone as long as it is not in video games or other media that he doesn't understand. Rock and Roll, dancing, comic books, and now video games–Cuccinelli's policies seem rooted in McCarthyism.

    Now, like some sort of bad rerun of "Hogan's Heroes" he wants us all to carry "our papers" in case we are asked to show them to the proper authorities. After we start kicking out immigrants, it will be time to start blacklisting those whose views don't align with his.

    And global warming? In Cuccinelli's world science is not even real…

    Cuccinelli and McDonnell are bringing their own personal xenophobic vision to the table to reshape the laws in their image. How did the citizens of Virginia not see this coming, especially in light of McDonnell's writings at Liberty University?

    Shame on you Cuccinelli, for all your headline grabbing posturing to pave your career path rather than looking after your constituents.

  4. Hard to take someone seriously when he/she hides behind "anonymous". Good thing free speech extends to those who are ashamed to admit their real names. Why don't you show your real identity, anonymous, and we'll have a reasonable discussion. In the mean time, take a Paxil and relax.

  5. Mimi Stratton Avatar
    Mimi Stratton

    DB,
    There may be many reasons why someone does not want to leave their name all over the internet. The post left by Anonymous was quite measured, so to question its reasonableness was completely out of line on your part.

  6. Gooze Views Avatar
    Gooze Views

    Mimi,
    I agree with you about anonymity, I, however, tag my name at the end of my posts. I take a beating for it. It reminds me of last week when I played goalie in water polo at my community pool. I am 57 and these young guys (lifeguards) smacked me in the face withthe ball at the range of four feet. At one point, I thought I had lost me left eye. My head ached. My teeth stung. (I am not triathalon material like Groveton).

    So, Groveton, Observer, TMT and various anonymous folk — Haroog, Haroooga! Hit me with your best shot!

    Yours in masochism.

    Peter Galuszka

  7. Anonymous Avatar
    Anonymous

    On Immigration:

    While doing research for search engine optimization for Dr. Risse, I found this item by Mathias Risse.

    Sounds like he is in Peter's camp with respect to the moral grounds for immigration.

    Happy reading:

    http://www.cceia.org/resources/journal/22_3/exchange/001.html

    SYNERGY Staffer

  8. Anonymous Avatar
    Anonymous

    Peter, you've added much to this blog. While I often disagree with you (certainly not always), you bring a different perspective. Moreover, you find many topics that would not be raised otherwise. BTW, remember that Mimi is also a blogging pseudonym.

    10:22. I don't understand your rants about the constitution. None other than liberal icon Justice William Brennan said that states have the authority to address illegal immigration. You may not like this as a policy, but Cuccinelli's position on illegal immigration is fully consistent with the liberal position of the Supreme Court.

    Debate the issues and don't play the cheap trick of melding legal and illegal immigration. One can be totally open to legal immigration and oppose the current system where neither the Bush nor Obama administrations reasonably enforced the existing laws. Go ahead and argue for amnesty as a change in the law on the merits. But suggesting that enforcing the law is anti-immigrant is simply not being honest. I would also like to understand why Mexico can enforce a much more severe immigration law, while the U.S. cannot enforce the more lenient law.

    On other issues, like it or not, Virginia is a Dillon Rule state. Local subdivisions and other agencies of the state, including state colleges and universities, only have the powers granted by the General Assembly. Laws can be changed, but until they do, shouldn't they be enforced?

    TMT

  9. Mimi Stratton Avatar
    Mimi Stratton

    Anonymous TMT–are YOU for real? I have admitted my real name is not Mimi, but I have a persona, an avatar, and a point-of-view that is known. I would recommend you and other commenters on this blog not scare away the five or six readers by insisting they print their real names.
    Oh–and let me take this opportunity to say I gagged my way thru that WP feature, an apparent attempt to humanize Cuccinelli, the demon spawn!

  10. Anonymous Avatar
    Anonymous

    Mimi, I don't have a clue as to what you are saying or trying to say. You use a pseudonym, as do I (Too Many Taxes) as do others, including Groveton. There is nothing wrong with that. I post consistently under the same name and/or initials. You seem to do so too. That should be good enough. I don't support requiring anyone to disclose her or his real name. You may have a good reason why you don't want to publish your name. I do. Groveton does too, based on what he has written. I don't get the point.

    I don't have an avatar. Groveton uses the flag of Virginia. Does that make him more real? Again, I don't get your point. I think people should be able to post with or without an avatar. I think people should use the same name or pseudonym when they post. So where is the disagreement?

    TMT

  11. Tobias Jodter Avatar
    Tobias Jodter

    It is truly instructive to go back read the commentary in this WP article. I challenge anyone to read the comments section in their entirety and then explain why the term "right wing hate" is sort of accepted as fact.

    I was never surer that Cuccinelli was on the right track then when I read the first 205 comments last night.

  12. Gooze Views Avatar
    Gooze Views

    I do not know
    who is who

    It makes me want to dance the cha cha.
    Is Mimi Stratton Lady Ga-Ga?

    Can the Name of Groveton
    Be beat?
    Or is it from
    Sesame Street?

    Is Observer really Risse?
    This has me in a terrible tissy!

    I am afraid to slight
    TMT.
    Because his cousin might be
    TNT.

    Is there really a person
    called Deena Flinchum?

    Or is she a moonshiner
    played by Robert Mitchum?

    Am I the only one who's actually straight?
    True of view?
    Whose doubts are great?

    Peter Galuszka

  13. Anonymous Avatar
    Anonymous

    Peter – Kudos. Not quite as good as your trophy wife photo, but a very close second.

    TMT

  14. Mimi Stratton Avatar
    Mimi Stratton

    Peter–I appreciate your efforts to keep the peace, and your literary skills. You must be a middle child!

  15. Anonymous Avatar
    Anonymous

    It looks as if Cuccinelli will be joined by another state AG on health care. Only this time, the feds may be the plaintiff.

    "Prop C passes overwhelmingly" http://www.stltoday.com/news/local/govt-and-politics/article_c847dc7c-564c-5c70-8d90-dfd25ae6de56.html

    "With most of the vote counted, Proposition C was winning by a ratio of nearly 3 to 1. The measure, which seeks to exempt Missouri from the insurance mandate in the new health care law, includes a provision that would change how insurance companies that go out of business in Missouri liquidate their assets."

  16. Anonymous Avatar
    Anonymous

    Perhaps the WaPo article appears "gushing" and "uncritical" in the eyes of the hard-leftist only because for once perhaps, the WaPo didn't outwardly attack someone without the requisite (D) behind his name.

    Cuccinelli '13!

  17. Anonymously published papers had a big part in the American Revolution.

    People whould be free to speak their mind, whether or not they are proud enough of their thoughts to put their name on them.

  18. I listened to the author of the article in an interview on a radio show. the author did not seem gushing to me. But he did point out what he thought were inconsistencies in Cucinellis arguments and behavior.

    Apparently, at one time Cucinellis family was nearly bankrupted by a serious medical problem, but that didn't change his view on how health insurance or the requirement for it, should be regulated.

    He thinks we are limiting individual freedom, but ignores the fact that bankruptcy also limits personal freedom.

  19. "One can be totally open to legal immigration and oppose the current system where neither the Bush nor Obama administrations reasonably enforced the existing laws."

    ==============================

    You have got to be kidding.

    Three years to get a simple response for an application for a temporary ag workers visa?

    Yeah, I'd say the existing laws are not beeing reasonably enforced. If they were, I could have easily sponsored that visa.

  20. Anonymous Avatar
    Anonymous

    Three years seems unreasonably long. I would think similarly situated people would organize to complain to their congressional representatives loudly and repeatedly.

    Or perhaps, some of your fellow farmers would rather just skip the requirements of the law.

    TMT

  21. "Three years seems unreasonably long. I would think similarly situated people would organize to complain to their congressional representatives loudly and repeatedly. "

    ==================================
    That three years wasn't three years to get the visa. It was three years for my first response to the application, telling me what was wrong with it. (It did not have two original signed copies, a requirement that was nowhere in the instructions.)

    Actually, I was directed by INS not to inquire at INS about the application after it was submitted because that would only "slow down the process".

    And, just to rub salt in the wound, the letter was signed by Ms Rodriguez.

    I could add the entire legislative complaint-resolution-political process onto the back end of my experience, but that wouldn't have speeded up the application or its resolution. essentially what you have is a law you cannot use.

    Certainly there are farmers and estate owners who skip over the requirements of the law: as I've said before, if you want to make criminals, just make laws people can't live with.

    Howeer, what ususally happens with temporary AG visas is that they are acquired as a group by what is called a crew chief. A crew chief is a kind of legalized coyote. He recruits a gang of workers in Mexico and obtains their visas in a group application. He can get expedited service from INS by paying INS an additional fee of $15,000 for the purpose of getting them to do their job.

    INS kindly offered the same deal to me, but for one part time guy, it wasn't much of an offer.

    The Crew chief then hires out to farms that need migrant workers as a single subcontract, so othe farmer does not hire individual workers and has no need of e-verify, etc.

    The farmer may pay the crew chief enough to meet minimum agricultral wae requirements, but whether the workers ever see those wages is a question. There is also a question of whether ALL the workers in the crew are covered by the visas.

    Like the farm subsidy programs, and probably other government programs, it is a case where the big guys play under one set of rules and everybody else gets to stand in line.

    Maybe forever.

    When a law abiding citizen cannot use an existing law, at reasonable expense, and in a time span that is not measured in lifetimes, without bribing the agency in question or appealing for a Senator to intervene in a clerks work, then you have a system that is broken.

    No one, as far as I can see, is interested in fixing the system, but lots of people want to prevent immigration, and blame immigrants for all sorts of ills.

    If it comes down to a preference between Jesus doing a good job illegally and Ms. Rodrigues not doing her job legally, I'll pick Jesus every time.

    Which one would you say is more productive and better for the economy?

  22. Larry G Avatar

    re: immigration

    the thought I've not seen proffered in much of the debate is that the Federal Govt IS acting on illegal immigration.

    It has spent billions on the border for fences, drones night-vision and people.

    And it is currently having agents work to track down employers of illegals – reported in many papers.

    So it's not like the Feds are doing "nothing".

    Nope.

    What they are not doing is what Arizona (and many others) want the to do – and it's not really specifics – it's results.

    In effect those opposed don't really care HOW it's done – only that it IS DONE.

    And THIS is the REAL BASIS of the lawsuit and folks who support it.

    It's not that the Feds have not expended tremendous resources – it's that they have not accomplished what is deemed to be necessary.

    So Arizona is claiming that THERE particular approach WILL BE EFFECTIVE – they're claiming this BEFORE we ever know if it might work or not or if it might actually end up being even less than effective and have significant unintended consequences.

  23. Larry G Avatar

    re: immigration

    the thought I've not seen proffered in much of the debate is that the Federal Govt IS acting on illegal immigration.

    It has spent billions on the border for fences, drones night-vision and people.

    And it is currently having agents work to track down employers of illegals – reported in many papers.

    So it's not like the Feds are doing "nothing".

    Nope.

    What they are not doing is what Arizona (and many others) want the to do – and it's not really specifics – it's results.

    In effect those opposed don't really care HOW it's done – only that it IS DONE.

    And THIS is the REAL BASIS of the lawsuit and folks who support it.

    It's not that the Feds have not expended tremendous resources – it's that they have not accomplished what is deemed to be necessary.

    So Arizona is claiming that THERE particular approach WILL BE EFFECTIVE – they're claiming this BEFORE we ever know if it might work or not or if it might actually end up being even less than effective and have significant unintended consequences.

  24. Larry G Avatar

    re: the health care issue

    If more states hold "referenda", it could well have a substantial impact on what happens downstream because it's one thing for an elected legislator who belongs to one party or the other to finesse polls to their own perspective but quite another to stand defiantly to an statewide referenda – especially if you are a Senator but probably even more so if you are a 2-yr Congressman and your district's results so you are not representing.

    I'm all for it – even if in the end it results in ObamaCare being repealed – and the reason why is because something like this needs to happen to send a message to both Democrats and Republicans that it's what the voters want that counts – not the party leaders – and no even their corporate supporters.

    All this upheaval we are seeing on a wide, wide variety of issues is both sad and exciting.

    It's sad, because clearly a large number of people no longer trust govt nor our major institutions – private and public – and they are tending to ally themselves with organizations whose views align with them – even if those organizations are simple things like a one-man blog site.

    that's sad.

    Exciting – because it was only a few years ago when we were saying that people did not care enough to vote… and that seems like ancient history these days….

    I'm not sure if ultimate good comes out of this because in some respects it reminds me of a modern day version of medieval pitchforks and shovels… just looking at how some of the town meetings "flow" ought to give all of us some pause and to how much further this might escalate.

  25. Larry G Avatar

    @groveton – re: Mercury in the rivers.

    Guy – you need to become more literate in this area.

    You need to ask yourself where the mercury is coming from.

    If you look into it – you'll see that much of it comes in the form of airborne deposition from coal-power plants and that indeed most Rivers in Va have the problem but the State is somewhat less than uniformly consistent as to actually testing and posting of signs.

    It would be not a good thing – for McDonnell to make his mark by pointing out to anyone and everyone who crosses a river are attends a river-oriented event to see these signs, eh?

    And yet – that's why most folks don't see or know about the problem – not because it's not there – but because there are no signs and in the absence of overt info – people are …for the most part oblivious of the problem.

    People in NoVa putting mercury in the Potomac?

    No Way.

    Folks in NoVa care more about their Potomac than the louts in Richmond who purposely pollute the hell out it with Mercury?

    Think Groveton.

    Does that concept make sense?

    Do you think the smokestacks that serve NoVa don't have mercury in them while the ones down near Richmond do?

  26. Groveton Avatar

    "Do you think the smokestacks that serve NoVa don't have mercury in them while the ones down near Richmond do?".

    Beats me.

    There used to be signs that told people not to come into contact with water in the Potomac. One day, the signs were removed.

    There are still signs telling people not to eat fish caught from the James.

    You see a signage consistency problem.

    I see one river which has been cleaned up while snother is still polluties.

    What would Occim say?

  27. the thought I've not seen proffered in much of the debate is that the Federal Govt IS acting on illegal immigration.

    It has spent billions on the border for fences, drones night-vision and people.

    =================================

    Larry s right. there is more moeny being spent on this than ever, but some people will blame Obama for not doing enough at the same time they blame him for spending too much.

    Tha analogy to cleaning up pollution is apt. The first 90% of the problem is the easy part, and the costs go up exponentially after that. sooner or later the anti-immigration folks will have to express some idea of how much they are willing to spend.

  28. "…because it's one thing for an elected legislator who belongs to one party or the other to finesse polls to their own perspective but quite another to stand defiantly to an statewide referenda… "

    =================================

    Seems like this is pretty much the idea I proposed long ago and you pooh-poohed.

    I say put the referenda in the form of a rough budget and make it part of your tax bill. The rough budget part gives the legislators some leeway, but the referendum part makes it hard for them to varnish the truth.

  29. send a message to both Democrats and Republicans that it's what the voters want that counts

    ==================================

    Government still has an obligation to protect the minority, no matter how many voters say otherwise. Even the founding fathers recognized this.

  30. "You need to ask yourself where the mercury is coming from.

    If you look into it – you'll see that much of it comes in the form of airborne deposition from coal-power plants and that indeed most Rivers in Va have the problem…"

    =================================

    Aproximately one half of the mercury in the atmoshphere is from natural sources. Of the other half 65% is from stationary combustion sources and another 25% comes from industrial manufacturing and waste disposal.

    If you had 100% success at controlling those sources (which you cannot have at any reasonable cost) you would be able to reduce the total load on the rivers by about one third.

  31. Anonymous Avatar
    Anonymous

    I've said for some time that the state religion in Virginia is developer worship. The national religion is lobbyist worship. Mind you, I believe that any entity or person has the constitutional right to lobby for their best interests and that, quite often, lobbyists provide useful information that helps (I mean this) officials make better decisions. But at some point, elected officials need to remember that they represent their constituents first.

    There's plenty of room for elected officials to move left and right, but there are boundaries set by public opinion. Bush thought he could skirt them on Iraq. But he could not. Obama thinks he can skirt them on HCR, Stimulus and immigration. Now, in all fairness, I think Obama has less room to maneuver than Bush had because the economy is so bad. But I think he's still steered well outside the public opinion boundaries. The Virginia, New Jersey and Massachusetts elections were signs, just as the 2006 election was for Bush. The Missouri referendum was huge. A 40% victory margin is gigantic.

    The best thing that can happen to Obama is for a huge loss in the House come November. It will force him to confront his crazies. The best thing for the GOP would be for the Democrats to retain control of the Senate. It would help contain the crazies on the ultra right.

    TMT

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