Legal Fight Looms Over Health Care Bill
Save Email Print
Updated: 6:44 AM Mar 20, 2010
Legal Fight Looms Over Health Care Bill
Virginia Attorney General Ken Cuccinelli (R) is preparing to mount a legal fight if the controversial health care reform bill passes.
Posted: 11:05 PM Mar 19, 2010
Reporter: Michael Hyland
Email Address: mhyland@whsv.com
width:393 and height: 294 and picwidth: 213 and pciheight: 159
Font Size:

President Barack Obama (D) was in Virginia Friday calling on the U.S. House to pass the controversial health care reform bill.

Meanwhile, Virginia Attorney General Ken Cuccinelli (R) is preparing to mount a legal fight if the bill passes.

Cuccinelli says the health care bill is unconstitutional.

Specifically, he says the mandate that people buy health insurance goes beyond the Commerce Clause. That is the power Congress has to regulate interstate business.

"This will affect everyone in Virginia. So in that sense, it's also very local in its impact," says Cuccinelli. He was in Harrisonburg Friday night for a fund-raising event.

The Virginia General Assembly recently passed a law saying it is illegal for the federal government to require people to buy health insurance.

"And as everybody remembers from civics class, normally the federal law trumps, but not when it is beyond the scope of the constitutional authority of Congress to enact in the first place," says Cuccinelli.

James Madison University political analyst Bob Roberts points out the Commerce Clause was the basis for starting programs like Social Security.

"So if you take one down, you've got to take down the other. In other words, you just can't say, 'You can't do health insurance,' because any decision to say that would basically open the door for tens of millions of people to begin to refuse to participate in the Social Security system," says Roberts.

Roberts says because of an issue like that, it's unlikely the U.S. Supreme Court would overturn the health care bill.

But Cuccinelli still says this fight could go that far.

"The approach the government is taking in Washington right now is more of what hasn't worked. We need to undue a lot of what has been done in the past and free up the market to help provide more solutions," says Cuccinelli.

Cuccinelli says the first step in this process would be to file a lawsuit in federal court in the Eastern District of Virginia.

If one side doesn't like how the case turns out, the case could be appealed to the 4th U.S. Circuit Court of Appeals. From there, it has the potential to advance to the U.S. Supreme Court.

Cuccinelli says Virginians are looking at a court battle that could last for years.

© Copyright 2010 WHSV / Gray Television Group, Inc. All Rights Reserved.


Latest Comments

Posted by: Neal Location: Minneapolis, MN on Mar 23, 2010 at 12:16 AM

For all you people who don't have insurance, I don't want any of you to use the emergency room if you get sick or injured. I am tired, as a taxpayer, of paying for the uninsured. And if this law is overturned, I will also refuse to pay into social security because legally I can do so. Now see how you are able to pay the senior citizens. Not one republican would ever be elected.
Posted by: Lynn Location: Mt Jackson, VA on Mar 22, 2010 at 06:11 PM

I am one of those who are not insured, but I DO NOT support forcing people to buy health insurance if they don't want to. People should have the option to be insured or not. We are not insured because we can't afford one, but how can we be expected to afford a fine. For those who want to be insured then help them get an affordable one, but not force it to all of us. This new bill is like telling us forget buying food just get insured. That is just not right.
Posted by: Sue Location: Broadway on Mar 22, 2010 at 04:45 PM

Americans have a "vote" in the healthcare bill. You voted it in when you wanted "change". How is that change working for you? Now, time to come back to your senses and help take this country back, one election at a time. By the way, don't blame me, I didn't vote for Mr. O'Bummer.
This content requires the latest Adobe Flash Player and a browser with JavaScript enabled. Click here for a free download of the latest Adobe Flash Player.
National AP Video
WHSV Poll
Do you think the Staunton Augusta Fire Squad should create a joint operation with the Waynesboro Rescue Squad to improve response times in Fishersville, where homeowners are paying higher premiums due to emergency response and staffing issues?

Yes
No
Not Sure


WHSV - TV 3 on Facebook