*Updated: See Virginia Governor Bob McDonnell's statement on the health care reform legislation that passed the house at the bottom.
Virginia Attorney General Ken Cuccinelli is prepared to file a lawsuit against the federal government as soon as President Obama signs the Health Care Reform Act, passed by the U. S. House of Representatives Sunday, into law. Cuccinelli says, "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."
Last month Virginia became the first state to pass legislation that protects its citizens from the federal mandate to buy health insurance under the health care legislation.
Here is Cuccinelli's argument in his own words. The text of his statement follows the video.
Ken Cuccinelli on suing the federal government from Beehive Video on Vimeo.
Statement of Ken Cuccinelli:
“The Office of the Attorney General of Virginia will move forward with our lawsuit against the federal government and its unconstitutional overreach of its authority with the passage of the federal health care bill. We will file our complaint with the court as soon as the president signs it into law.
“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.”
*Update: Statement from Governor Bob McDonnell:
“Expanding access to reasonably priced quality healthcare is a bipartisan goal. We all agree that we must make it easier for Americans to purchase and retain health insurance.
However, this massive and complex piece of legislation allows the federal government to exercise control over one-sixth of the United States economy. The continued intrusion of this Congress into the free enterprise system, and the placing of new mandates on states, is shocking to the American system of federalism. Most disconcerting is the provision mandating that every American must purchase health insurance or face a monetary penalty. This is an unprecedented expansion of federal power. It is hard to imagine our Founder’s agreeing that the United States Constitution permits Congress to mandate the purchase of a good or service under penalty of law. Just a few days ago I approved a bill, passed on a bipartisan basis, which prohibits mandatory insurance purchases for Virginians. Virginia’s Attorney General has rightly chosen to challenge the constitutionality of the federal mandate. I anticipate that he will be joined by a number of other states. The issues raised by Attorney General Cuccinelli require a full and prompt review by the judicial branch.
While individuals face a mandate in this legislation, so too do the states. The proposed expansion of Medicaid is an historic unfunded federal mandate on the states. This expansion will put at least 400,000 more individuals on Virginia’s Medicaid rolls. The Virginia Department of Medical Assistance Services has estimated that it will cost the Commonwealth an additional $1.1 billion by 2022. Virginia, and the other 49 states, will bear the financial burden of one of the biggest unfunded mandates in the history of our nation. This will have a significant and unavoidable impact on the bottom line of our state budget, and the general fiscal welfare of Virginia. We simply cannot afford this expansion.
The bill will cut over $500 billion from Medicare, and may reduce the quality of the care our seniors depend upon. The Medicare system is already underfunded and overburdened. This legislation only exacerbates the problems facing the system.
This legislation will raise taxes on individuals and businesses. Our small business owners, who generate nearly 98% of the new jobs in Virginia, will see their taxes go up. This will occur at the same time that federal tax cuts from the early part of last decade expire. We will face significantly higher federal taxes at a time when we need to be keeping taxes low and freeing capital for job creation and economic development. It can also be anticipated that Virginians’ insurance premiums will increase in the years ahead after passage of this legislation.
I am further disappointed that a bill so massive in size is so limited in its approach. Congressional Republicans were right to call for allowing the purchase of health insurance across state lines, and this provision should have been included in the bill.
States have long been leaders in the effort to identify and implement innovative healthcare solutions. Regardless of the future of this legislation, we must continue to play that important role in our federal system. In Virginia we will promote incentives for the purchase of long term care, and promote individual medical savings accounts. We will focus on preventative health and combating obesity. We will study our medical delivery systems with the objective of reforming them to work better for our citizens. Free clinics are an important piece of the coverage equation, and I will look for ways by which the Commonwealth can help with the expansion of these important facilities. We will be aggressive in finding every way by which we can reduce the cost of our Medicaid system, which has already grown 1600% in the past 25 years. It is unsustainable.
Every American should have the opportunity to purchase good quality healthcare coverage. But we will not improve our healthcare system by implementing a massive one-size fits all federal policy that dramatically increases the deficit, puts unprecedented mandates on states and individuals, and jeopardizes the good coverage most citizens already have. I am disappointed in the passage of this bill, and I thank the bipartisan majority of Virginia’s congressional delegation for voting against it.”