In this campaign video (at 1:17) for Ken Cuccinelli gubernatorial race, he claims that he was the *first * Attorney General to sue to stop Obamacare. Then there is a clip from Cuccinelli saying he was the first of any state to file.
He wasn’t first. He was second, but not by much.
As I discuss in Unprecedented, the Attorney General of Florida was able to electronically file about eleven minutes before Virginia.
Florida, representing twelve other states, was the first to file. Initially, the Sunshine State had trouble uploading the complaint to PACER, the federal courts’ notoriously unreliable electronic filing system. Florida attorney general Bill McCollum had to wait “seven agonizing minutes” before the documents were properly filed. But they were first—and beat Virginia by eleven minutes.
However, Virginia was the first case to reach a judgment, receiving a favorable Motion-to-Dismiss and Summary Judgment ruling before Florida.
As we get closer to the race, I will talk more about Cuccinelli’s “stubborn refusal” to listen to anyone in Washington who tried to explain to him why his decision not to include private plaintiffs in his suit would likely doom the case to a dismissal for lack of standings. Stopping for any reason–even if to file an amended complaint was not an option. There was a legitimate race to the Supreme Court. I previously joked that from the outset, Ken was thinking about running for Governor with his behavior during this case. This campaign video doesn’t dispel me of that disbelief.