Cuccinelli gave an update on the lawsuit filed on behalf of the Commonwealth by his office concerning the recently passed federal health care legislation. Cuccinelli argues that the provision in the health care act that requires Americans to purchase health care insurance is a violation of the U.S. Constitution.
Interestingly, Cuccinelli referenced George Washington University Law School professor and oft quoted “legal expert” Jonathan Turley in his defense, saying that Turley has argued that the federal health care act could indeed be the final blow to the Founder’s vision of “federalism.” Should Cuccinelli’s suit, or the other suits being brought by other states, fail, Turley insinuates that there would then be very little left outside the control or influence of the federal government.
Cuccinelli added, if the government can compel its citizens to purchase one product (health insurance) there is nothing to stop it from purchasing another product (say, a car made by GM).
Essentially, Cuccinelli is arguing that individual citizens who do not have health insurance, and thus are not participating in the “interstate commerce” of health care insurance, cannot be compelled to purchase health insurance by the federal government under the interstate commerce clause of the federal constitution. Case law surrounding the interstate commerce clause is lengthy and confusing to say the least. However, there appears to be no other example where the courts have ruled economic inactivity to be interstate commerce (one exception being from 1792 when Congress compelled people to buy guns – really).
Ultimately, this case is likely to be decided by the U.S. Supreme Court. Cuccinelli estimates that won’t take place until at least mid-2012. The individual mandate in the health care bill doesn’t take effect until 2014.
Currently, 21 states, including Virginia, are involved with some type of lawsuit against the federal government concerning the health care bill. The two primary suits are in Virginia and Florida. The Virginia General Assembly also passed the Health Care Freedom Act during this year’s session, legislation that protects Virginians from being forced to buy health insurance.
Cuccinelli urged the crowd Monday to take advantage of the times to educate and inform their friends and family, particularly their children, on the first principles of our nation’s founding documents, such as the Declaration of Independence and the U.S. Constitution. Many people today do not know enough about our Founding or what those documents say to understand the implications of the federal government’s take over of what has always been a private enterprise.
Few disagree that there is need for some type of health reform in our nation. But few outside the beltway or among the academic left believe that the federal government is capable of managing our nation’s health care system wisely.
Source: The Family Foundation
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