States Are Acting Like New Founding Fathers

NN&V Exclusive

(Lori Piotrowski) – “The States are pushing back, doing exactly what the Founding Fathers did!” exclaimed attorney Mark Hutchison speaking at the Nevada Republican Men’s Club (NRMC) on Monday, September 12.

Hutchison, with Hutchison & Steffen, was explaining how the Continental Congress reacted in 1773 to the Intolerable Acts, which were passed by the British Parliament when the early Americans determined that they would not pay for tea they did not want, nor would they be taxed on it. That is, when Boston Harbor became a boiling pot for a very large kettle of tea.

The founding fathers envisioned a country that would delegate power to its states rather than maintaining it within a central legislative branch at the federal level. “This is a more efficient form of government,” Hutchison said, “but it is not what they wanted.”

A free society may be less efficient, but it leads to a higher standard of living. “That’s why we’re not breaking down the doors to move south of the Rio Grande,” Hutchison said. “We don’t what that kind of government.”

Hutchison was on hand to address the updates in the Obamacare lawsuit, in which he is representing the State of Nevada. The legislation was judged to be unconstitutional, but has now also been appealed to the 11^th and 6^th Circuit Courts. Because the judgements were split in the lower courts, Hutchison explained, the lawsuit is likely to be heard by the Supreme Court.

He anticipates that the States will win in the high court, citing a 5-4 decision. When questioned about Justice Kagan’s participation, Hutchison cited case law that determines when a judge should not hear a case. If she were to recuse herself, Hutchison said the case would win 5-3.

NRMC attendees also received an update on the redistricting issue before Nevada Judge Russell.

Hutchison is representing Republicans in this lawsuit, and mentioned that on Wednesday, September 14, they will be presenting arguments in Carson City. The issue then will be presented to the special masters (those who will draw the reapportionment lines). This will likely be completed by the end of October.

The matter is likely to be appealed to the Nevada Supreme Court, but all adjudication must be completed by March 1, 2012, the final day candidates may files to run for election. [Please note that this date could not be verified online at the Secretary of State Web site as only the 2010 dates are available. – Ed.]

The redistricting will redraw lines at all levels, down to precinct levels, Hutchison said. Incumbents won’t be happy with the result because the judge will focus on demographics only and the Voter Rights Act. “This could be like the Wild West” all over again, he said.