He rushed to be first to challenge Obamacare in court. His solo suit beat Florida’s by 11 minutes. At the time, the consensus in the political community and among legal scholars was that suits against Obamacare were frivolous. But in his riveting new book Unprecedented: The Constitutional Challenge to Obamacare, Josh Blackman has a different take.
“Cuccinelli’s suit played a pivotal role in advancing the challenge” when federal judge Henry Hudson ruled Obamacare exceeded the commerce power of Congress, Blackman writes. “That ruling . . . changed the entire discourse surrounding the case.” Challenges to Obamacare were no longer frivolous, and, Blackman writes, “Obamacare supporters started to worry.”