Virginia Attorney General and University alumnus Ken Cuccinelli, with the backing of Gov. Bob McDonnell, filed a lawsuit Tuesday challenging the legality of the health care legislation signed into law earlier that day by President Barack Obama.
During a public address yesterday, Cuccinelli argued that the new legislation violates the U.S. Constitution, as it exceeds powers granted to the federal government through the Commerce Clause. In addition, he said, the health care legislation contradicts the Virginia Health Care Freedom Act, which was signed by McDonnell yesterday and protects Virginia citizens from being mandated to purchase health insurance. The act also provides standing for the state to challenge the federal legislation, and Cuccinelli expressed hope that courts will rule the federal reform package as unconstitutional. Thirteen other states have filed similar lawsuits challenging the health care legislation.
"This is showing that Republicans, especially Cuccinelli, are putting all their chips on the table," said Isaac Wood, assistant communications director for the Center for Politics and former Cavalier Daily opinion columnist. "They are expecting [health care reform] to be unpopular and that it will continue to be unpopular. Then they'll be seen as the defenders of American freedom. If it turns out to be popular, this lawsuit could be a real liability for Republicans."
Democrats, meanwhile, have lambasted Cuccinelli's move, criticizing the Attorney General for putting his own politics ahead of the needs of the state.
"The Attorney General's office should be the people's law firm, but he is using it as the piggy bank for his personal agenda," said Don Mark, political director for the Democratic Party of Virginia. "Today we are asking: Why are we paying for your frivolous lawsuit?"
Cuccinelli claimed the health care legislation's requirement that individuals buy health insurance exceeds the federal government's power to regulate interstate commerce. The Virginia Health Care Freedom Act, he said, provided legal standing for the commonwealth to challenge the health care overhaul. The lawsuit reads, "The status of being a citizen or resident of the Commonwealth of Virginia is not a channel of interstate commerce ... Instead, the status arises from an absence of commerce, not from some sort of economic endeavor, and is not even a non-economic activity affecting interstate commerce."
Forming an opposition to the lawsuit may be difficult for Democrats, Wood said, as the party currently lacks a central figure to oppose the suit after losing the governorship this year.
"There is no clear person in Virginia to lead the charge against [the lawsuit], but the same scene is playing out in states across the nation," Wood said. "We will see unified Democratic response from Obama all the way down that will pressure Republicans to explain why they are spending taxpayer money to get rid of a bill, which is, at least, in part very popular"
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