Virginia, 13 other states sue over health-care law

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Virginia, 13 other states sue over health-care law

By Jim Nolan

Published: March 24, 2010

Minutes after health-care legislation was signed into law by President Barack

Obama yesterday, Virginia made good on its promise to sue the federal government

over it, joining at least 13 other states that are legally challenging the

health-system overhaul.

State Solicitor General E. Duncan Getchell Jr. and Deputy Attorney General

Wesley G. Jr. filed Virginia's complaint in U.S. District Court in

Richmond on behalf of Attorney General Ken Cuccinelli.

Virginia is challenging the constitutionality of the new law, primarily based on

the argument that the " commerce clause " of the U.S. Constitution cannot be used

by Congress to mandate that individuals purchase health insurance as part of the

Patient Protection and Affordable Care Act.

" It has never been held that the 'commerce clause,' even when aided by the

'necessary and proper clause,' can be used to require citizens to buy goods and

services, " Cuccinelli asserts in the seven-page complaint.

The federal law is unconstitutional because " the individual mandate exceeds the

enumerated powers conferred upon Congress, " the complaint states. " Because the

individual mandate is an essential, nonseverable provision, the entire act is

likewise invalid. "

The complaint asserts that Virginia's own recently enacted law -- which

prohibits residents from being required to purchase insurance or from being

subject to fines for failure to do so -- is valid over federal law. Idaho

recently enacted a similar law, called the Idaho Healthcare Freedom Act, to

prevent its residents from being compelled to purchase health insurance.

Also yesterday, another legal challenge to the federal health-care bill was

filed in Florida, asserting the rights of states outlined in the 10th Amendment.

Joining Florida Attorney General Bill McCollum's litigation were attorneys

general from Alabama, Colorado, Idaho, Louisiana, Michigan, Nebraska,

Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington -- all

Republicans with the exception of Louisiana Attorney General D. " Buddy "

Caldwell, a Democrat.

Virginia Gov. Bob McDonnell on Monday endorsed Cuccinelli's pursuit of the

litigation, saying the health overhaul represents " an unprecedented expansion of

federal power. "

McDonnell said the new laws would have " a significant and unavoidable impact on

the bottom line of our state budget by adding 400,000 people to Medicaid rolls

and costing a total of $1.1 billion by 2022.

" The issues raised by Attorney General Cuccinelli require a full and prompt

review by the judicial branch, " McDonnell said.

Cuccinelli's legal action had critics, who were buoyed yesterday by a survey

showing increased public support for the health-care overhaul.

A Gallup Poll released yesterday showed that nationwide, 49 percent of Americans

said the restructuring of the nation's health-care system is a " good thing, "

compared with 40 percent who classified it as a " bad thing. " Eleven percent of

respondents said they were undecided.

Social activists also weighed in. " We are concerned that the political actions

of Attorney General Ken Cuccinelli may simply allow health-insurance industry

abuse of small business, seniors and children to continue, " said a statement

issued by the Virginia Interfaith Center for Public Policy.

" Virginians of faith embrace the health-reform provisions and are glad that

about 1 million of our brothers and sisters who are uninsured in Virginia will

finally get access to quality, affordable health care, " said the statement, by

health policy analyst Ali Faruk.

Mills, executive director of the Virginia Democratic Party, said the

attorney general's office was being used as a " piggy bank for Ken Cuccinelli's

political agenda. "

Cuccinelli's office said the litigation will not cost taxpayers extra money but

would come from the attorney general's budget. Yesterday, the office paid the

required $350 fee to file the suit.

In a ceremony today, McDonnell will sign the Virginia Health Care Freedom Act.

The legislation passed the Republican-controlled House with bipartisan support

91-2; it passed the Democrat-controlled Senate, with the governor's amendments,

26-14.

Four of Virginia's 11 members of the U.S. House -- all Democrats -- supported

the president's health-care bill, which narrowly passed the House on a 219-212

vote. The remaining seven, including two Democrats, voted against the measure.