Virginia’s Democratic Party has had a sudden but selective concern about spending taxpayer dollars. Democrats filed a Freedom of Information Act (FOIA) request about the costs of constitutional litigation initiated by Virginia Attorney General Ken Cuccinelli, supported by recently enacted bipartisan state legislation, against the mandate in Obamacare that all Americans purchase health insurance.
This may not be wise politics in light of a March 16 report by the Associated Press that the Obama administration is denying more FOIA requests than its predecessor, the Bush administration.
Strategically, it may be worse since it opens the door to thousands of FOIA requests by conservatives targeted at Democratic attorneys general. Democrats are and have been the most activist state law enforcement officials. Of course, their activism is usually directed against the free market rather than in defense of the Constitution and the rights of citizens.
Six Democratic state attorneys general received grades of A+ from ACORN in a 2008 report titled “Attorneys General Take Action: Real Leadership in Fighting Foreclosures.” Democratic attorneys general, including Connecticut’s Richard Blumenthal who’s now running to replace retiring Senator Chris Dodd, squeezed banks and other institutions under the federal Community Reinvestment Act (CRA). The CRA is traced credibly to instigating the housing bubble and recent financial collapse.
Former Minnesota AG and failed gubernatorial candidate Mike Hatch sued Capital One, but settled the case for exactly one dollar below the legal threshold that would have required him to remit the settlement proceeds to the state. Instead, he used a portion of the settlement proceeds to pay ACORN $249,000. His successor Lori Swanson was graded A+ by ACORN. She took no action against her mentor and predecessor.
Martha Coakley, another ACORN A+ patsy, filed litigation challenging the federal Defense of Marriage Act (DoMA) using constitutional grounds strikingly similar to the ones employed by Mr. Cuccinelli against Obamacare. DoMA defines marriage for federal purposes as between a man and woman. Before the left coined the meme “Tenther” for conservatives who believe in limited government, Ms. Coakley argued DoMA violates the 10th Amendment, which provides all powers not expressly granted to the federal government by the Constitution are reserved to the states and the people.
Noam Scheiber writing in 2005 for The New York Times even coined the term “Spitzerism” to describe the activist methods of then-attorney general Eliot Spitzer. Spitzer’s activist litigation encouraged copycat AGs, who filled their campaign coffers with money from potential defendants. Mr. Scheiber wrote, “[Spitzerism] tapped into a ‘political goldmine’ and could ‘help lead the Democrats out of the political wilderness.’”
Andrew Cuomo, the attorney general successor to Eliot Spitzer and another recipient of an A+ grade from ACORN, was also the successor to litigation initiated by Spitzer against bankers. The suit claimed federal banking law did not supersede the authority of states to investigate banks. The U.S. Supreme Court held for the states in Cuomo v. Clearing House Association.
One could only wonder what would be uncovered if conservatives were to file FOIA requests every time an activist Democratic attorney general filed a lawsuit. I can tell you this. Through their political arm the Democratic Attorneys General Association, which is well-funded by unions and corporations, those activist AGs with sites on higher office have in place a network to plan liberal litigation. We may want see what those plans cost and have been costing the taxpayers.
Mark J. Fitzgibbons is President of Corporate and Legal Affairs at American Target Advertising, Inc., Manassas, Virginia.
