Cuccinelli to file lawsuit against health-care bill
- March 22, 2010
Virginia Attorney General Ken Cuccinelli says he will submit a legal challenge to the federal health-care bill passed by the U.S. House of Representatives on Sunday.
Cuccinelli said in a statement that he will file the lawsuit as soon as it is signed by President Obama.
“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,” Cuccinelli said. “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 the first state to pass a law that prevents the federal government from requiring citizens to buy health insurance.
“The health care reform bill, with its insurance mandate, creates a conflict of laws between the federal government and Virginia,” Cuccinelli said. “ 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.”
He said he will file the suit in the U.S. District Court for the Eastern District of Virginia, Richmond Division.