Cuccinelli Fights the Federal Government

Audio Version

President Obama has signed health care reform legislation into effect but Virginia’s Attorney General Ken Cuccinelli is suing the federal government. Cuccinelli says the new bill is unconstitutional, and Virginia’s Governor Bob McDonnell is standing behind the attorney general. Cuccinelli commented last week.

“The federal law is unconstitutional because the government is forcing citizens to buy health insurance. Saying it has such authority because its power to regulate interstate commerce. But if a person decides not to buy health insurance, that person by definition is not engaging in commerce, Cuccinelli said. "If you are not engaging in commence how can the federal government regulate that? Just being alive is not interstate commerce, otherwise there are no limits to the commerce clause and the Congress’s authority to regulate what we do. There has never been a point in our history where our federal government requires us to buy goods or services. Such a requirement would represent an enormous erosion of liberty in this country."

Under the new bill, Virginians with pre-existing conditions can no longer be denied coverage. Small businesses will get tax credits to help provide health care and senior citizens will no longer fall into Medicare’s “donut hole,” a grey area involving out-of-pocket co-payments.

Many think that Cuccinelli’s actions are essentially his bid for the 2013 gubernatorial race. Cuccinelli had his suit ready to file Sunday night, waiting for Obama to sign it into law. Minutes after the President did so, Cuccinelli was ready with cameras set and media present to explain his action against the federal law.

This isn’t the first time Cuccinelli has sued a federal agency. In February, he sued the Environmental Protection Agency in regards to manmade global warming, claiming that it does not exist. Some say an expensive legal action in Virginia’s current fiscal straits is a misdirection of resources.

David Mills, Executive Director for the Democratic Party of Virginia says the effect of what Cuccinelli is doing is putting himself between the benefits of the health care reform and the tens of thousands of Virginians that could benefit from it.

"The attorney general’s office could really be making a massive difference for Virginians. But, instead of focusing, he’s decided to file these lawsuits. I can’t for the life of me figure out what makes him think these things are more important," Mills said. "The whole thing is just an example of misplaced priorities. And an example what happens when an individual uses their office as a piggy bank for their political agenda."

Mills says that the Democratic Party of Virginia filed a Freedom of Information Act request on the attorney general’s office last week to see how much tax dollars are being spent.

"It’s very possible it will be thrown out for not having any standing and being a massive waste of resources, the public’s time, and tax payers dollars. In a down budget time it’s not what we need from people’s attorney," Mills said.

13 other state attorneys general have filed a similar suits; all but one are Republicans.

Timothy Jost, a law professor at Washington and Lee University says that in order to have the suit succeed individuals need to get involved.

"The state doesn’t have standing to do this. Under Article 3 of the Constitution you have to show some kind of injury to bring a lawsuit. Number one it’s not in effect yet, and two it doesn’t affect the states, I can’t imagine how they are going to show standing," said Jost.

-Laura Peters