Cuccinelli says Virginia will sue over health care reform

Attorney General Ken Cuccinelli’s office has confirmed that the state of Virginia will file suit against the federal government charging that the health-care reform bill is unconstitutional. Cuccinelli argues that the bill violates the commerce clause in the US Constitution.

March 22, 2010; 2:22 PM • by Valerie Catrow

Attorney General Ken Cuccinelli’s office has confirmed that the state of Virginia will file suit against the federal government charging that the health care reform bill is unconstitutional. Cuccinelli argues that the bill violates the commerce clause in the US Constitution.

From the press release:

“With this law, the federal government will force citizens to buy health insurance, claiming it has the authority to do so because of its power to regulate interstate commerce. We contend that if a person decides not to buy health insurance, that person – by definition – is not engaging in commerce, and therefore, is not subject to a federal mandate.

“Virginia is in a unique situation that allows it the standing to file such a suit since Virginia is the only state so far to pass a law protecting its citizens from a government-imposed mandate to buy health insurance. The health care reform bill, with its insurance mandate, creates a conflict of laws between the federal government and Virginia. Normally, such conflicts are decided in favor of the federal government, but because we believe the federal law is unconstitutional, Virginia’s law should prevail.

“Just being alive is not interstate commerce. If it were, there would be no limit to the U.S. Constitution’s commerce clause and to Congress’s authority to regulate everything we do. There has never been a point in our history where the federal government has been given the authority to require citizens to buy goods or services.

“While we believe the health care reform bill the House just voted on suffers from constitutional problems, we do want to thank Speaker Pelosi for not trying to enact the bill through the questionable “deem and pass” procedure. By requiring an up-or-down vote on the Senate bill, she is living up to the letter of Article I, Section 7 of the Constitution. As someone who is sworn to protect the Constitution, she did the right thing in that regard.”

Stop by the Attorney General’s website for more information.