Health Care Law Could Mean End of Federalism If It Is Upheld, Virginia AG Warns

Federalism is on the line in Virginia’s lawsuit to invalidate the federal mandate to purchase health insurance, Virginia Attorney General Ken Cuccinelli said.

Cuccinelli is one of several state attorneys-general who is suing the federal government to drop the mandate. Virginia’s lawsuit is somewhat different because the state legislature passed a bill, signed by Republican Gov. Bob McDonnell, that said state residents cannot be required to buy health insurance.

On Aug. 2, a federal court ruled against the federal government’s motion to dismiss the lawsuit, giving Virginia a green light to proceed with the case.

“If we lose -- if they can just order you to do something and penalize you financially for not doing it, that is what we call a police power,” Cuccinelli told CNSNews.com Sunday, shortly after speaking at the 9/12 Taxpayer March on Washington.

“If they can do that, there’s nothing they can’t do because if all they have to do is lay a penalty on you for disobeying them, they can order you to do anything,” Cuccinelli added.

The Obama administration argues that the Commerce Clause of the Constitution gives the federal government the right to impose the individual mandate to purchase health insurance. Virginia argues that if someone isn’t buying insurance, then by definition, he or she is not participating in commerce and cannot be required to participate in commerce by law.

“That’s why it’s the end of federalism if we lose. That’s also why it’s so serious if we do lose it,” Cuccinelli told CNSNews.com. “It would be very destructive of the history of government in this country. We would have severely damaged what the founders gave us and what a million people over the history of this country have died to preserve, and we have a lot of work to do ahead of us. But we’ll work very hard to win this one.”

In March, President Barack Obama signed the Democrats’ $1 trillion health care overhaul bill. In addition to requiring individuals buy health insurance, the new law also requires employers to carry health insurance and requires insurance companies to cover preexisting conditions.

The Virginia Health Care Freedom Act, which bars state residents from being forced to buy health insurance, passed by lopsided margins of 90-3 in the Virginia House of Delegates and by 25-15 in the Senate.

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Health Care Law Could Mean End of Federalism If It Is Upheld, Virginia AG Warns

Health Care Law Could Mean End of Federalism If It Is Upheld, Virginia AG Warns

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