Today, the judge in Virginia Attorney General Ken Cuccinelli’s challenge to the Affordable Care Act handed down a procedural ruling allowing the suit to move past the earliest stages of litigation. Because of this ruling, the meritless lawsuit will be resolved in the coming months, rather than waiting four years before it can be refiled.
While that frivolous challenge to the Affordable Care Act proceeds, the right is promoting yet another legal challenge to health reform which is no more likely to prevail. In a tactic better suited to late-night TV ads than to a “news” network, Fox News hosted attorney and Republican congressional candidate in Tennessee, Van Irion, last Friday night to discuss how you too can file a lawsuit against the Obama administration:
You’ve heard about states suing the federal government over health care, but what if you want to do it yourself? Turns out, you’re in luck. Our next guest is suing the feds and several top Democrats. … Tell us how can people join the lawsuit if they want to?
Of course, Irion’s challenge has virtually no chance of succeeding, as even ultraconservatives like Justice Antonin Scalia reject the constitutional arguments against health reform. During the health care debate, Fox repeatedly touted Republican claims that eliminating frivolous health care litigation is the key to driving down costs nationwide. Someone needs to tell Fox that tort reform starts at home.