March 24th, 2010
09:01 AM ET
11 years ago

Virginia governor to sign law firing back at health care bill

[cnn-photo-caption image= caption ="Virginia Gov. Bob McDonnell will sign legislation Wednesday to outlaw the federal government from forcing Virginia residents to buy health insurance."](CNN) - A day after President Obama signed the health care reform bill, Virginia Gov. Bob McDonnell will put his signature Wednesday on legislation to outlaw the federal government from forcing state residents to purchase health insurance.

The Virginia measure, passed by the state's general assembly last month, directly conflicts with the new federal mandates that all Americans purchase some form of health insurance starting in 2014.

In an effort to sustain the Virginia law, the state's attorney general, Ken Cuccinelli, filed a lawsuit Tuesday in federal district court in Richmond arguing the federal insurance law is an unconstitutional overreach of Congressional power.

While proponents of the measure argue that Congress acted within its authority under the Constitution's Commerce Clause provision, Cuccinelli's complaint says the U.S. Supreme Court has never ruled that the clause allows Congress to require citizens to purchase a good or service like health insurance.

Cuccinelli's complaint also argues that the Virginia law McDonnell is signing Wednesday trumps the federal law because it is a matter assigned to the states under the Constitution's 10th Amendment. That amendment says that all powers not explicitly granted to the federal government remain with the states.

Idaho has enacted a similar law outlawing individual mandates, and more than a dozen other state attorneys general - led by Florida's Bill McCollum - filed a lawsuit Tuesday challenging the constitutionality of the federal health care law.

Filed under: Bob McDonnell • Health care • Popular Posts • Virginia
soundoff (145 Responses)
  1. munchmom

    Good! I knew I voted for him for a good reason!!!

    March 24, 2010 09:21 am at 9:21 am |
  2. 8 Years of “trickle down economics” has only left a wet spot on working America's shoes!

    Section 8 – Powers of Congress

    "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and GENERAL WELFARE of the United States; but all Duties, Imposts and Excises SHALL BE UNIFORM throughout the United States";

    The supremacy of Federal laws over state laws.
    "To regulate Commerce with foreign Nations, and AMONG the SEVERAL STATES, and with the Indian Tribes";

    The Commerce clause.

    "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof"

    And for those that state redneck bubba sitting in his Bacalounger in the trailer, is NOT engaged in Commerce, you are correct. But when bubba passes out from too much backyard 'shine and is taken to the doctor's office for alcohol poisoning and the good doctor slips on those blue gloves, since it is Thursday and bubba only bathes on Saturday, unless those gloves are also made in the state, GUESS WHAT they are covered by interstate Commerce. Those Barney band-aids same thing, that blood pressure cuff he uses, GUESS WHAT covered and involved in providing of health care.

    And I am not even a lawyer, not too mention, a Constitutional lawyer.

    Of course, my brain is not so clouded by racist hatred over a black President in the White House, that I still can comprehend what I read.

    March 24, 2010 09:25 am at 9:25 am |
  3. Brink

    Go ahead and do your political grandstanding. Take a lesson from the President and be a leader.

    March 24, 2010 09:25 am at 9:25 am |
  4. GOP: sour grapes and sore losers

    Yeah, well: how bad is it going to look for the state of Virginia when they're at the top of the list for states that lack health care.

    Not very bright. Taking away opportunities and the rights of your own constituents.

    March 24, 2010 09:26 am at 9:26 am |
  5. Mitch

    Perhaps Cuccinelli really was hoping to outlaw gay health insurance and Side Show Bob just wants to play president. Either way...nice job of putting your people under the bus...hope the bus has the mandated insurance.

    March 24, 2010 09:28 am at 9:28 am |
  6. EdL

    what an idiot!

    March 24, 2010 09:31 am at 9:31 am |
  7. The Other Michael in Houston

    I got a question for all of you Republican Jihadist, why is it that you hate America so much that you are will to even destroy yourselves. Okay seriously, my question to the Anti American Republican Establishment, why is it that you fight so hard against people being required to have health insurance, but you say nothing about people being required to have car insurance? I knd of know why, because President Obama did not accomplish car insurance reform otherwise you'd be against that to. Finally getting rid of the Rebuplicna Jihadist Establishment in November will be so easy, even a caveman can do it.

    March 24, 2010 09:31 am at 9:31 am |
  8. Steve - Minneapolis

    Hm . . . I think it is law in Virginia that one must purchase auto insurance to drive a car. How is that different from purchasing health insurance to use a hospital?

    March 24, 2010 09:31 am at 9:31 am |
  9. jane

    Oh, what weeping and wailing and gnashing of teeth! We will all be glad when the Republican clamor ends (though that's not likely), and our citizens begin to see the benefits of this bill.

    March 24, 2010 09:32 am at 9:32 am |
  10. buckwheat

    Your news ticker must be down this morning.I do not see the story on Joe biden and his comment .Trurer words were never spoken from a fouler mouth. He is the only one in this govenment I trust. He is the only transparent one in the government.Go Joe.Tell it like it is.

    March 24, 2010 09:32 am at 9:32 am |
  11. FactCheck

    States that ban the government from banning purchase of health care should have all hospital emergency rooms (funded mostly by federal dollars) shut down immediately. You can't have it both ways.

    March 24, 2010 09:33 am at 9:33 am |
  12. Lori Nyquist

    The bill signed DOES have parts unconstitutional, namely, the individual mandate. Regardless of how you feel about the need for healthcare reform, we cannot chose to legislate things that are unconstitutional. Think about this: they plan to use the INTERSTATE commerce clause to justify this breach of authority. How? It is only available INTRASTATE. The bill actually PROHIBITS us from doing so. If we are only allowed to purchase insurance offered in our State of residence, this is a State's rights issue exclusively.
    If you agree, please contact your Senators and Representatives. More important than any of our lives is our Liberty. Let's help secure it for ourselves and our posterity! Remember, laws passed by Congress are not the supreme law of the land, the Constitution is the Supreme Law of the Land.

    March 24, 2010 09:33 am at 9:33 am |
  13. Scott ATL

    Then shouldn't the same apply for car insurance? If they drop the health reform, I'm dropping my car insurance...

    March 24, 2010 09:34 am at 9:34 am |
  14. Robert

    This is all theatrics... Everyone knows federal law supercedes state law, so his signature is meaningless.... as are the efforts of his AG...

    These bozos are a couple of clowns. They removed non-discrimination protections from gay employees, and demanded the state's universities to remove those protections as well...

    This is what conservatives do. Prejudice, bigotry, and political theatrics...

    March 24, 2010 09:34 am at 9:34 am |
  15. The Weatherman

    I voted for Bob McDonnell for good reason. Even our recent former democrat governors, Sen. Mark Warner and DNC Tim Kaine, are conservative since our state tilts conservative.

    The adds are already hitting in Virginia. They claim Gov. McDonnell is going to hurt women's rights like abortion. God Bless people like Gov. McDonnell for defending the most defenseless and innocent.

    The Weatherman

    March 24, 2010 09:34 am at 9:34 am |
  16. Ramses

    Big MC, Cry baby Cry. Misery loves company. Bad Republicans ho to H-, Good Republicans, Welcome to the Democratic Party. Losers always cry, winners are jubiliant. God bless the Democratic party , Obama & the US.

    March 24, 2010 09:35 am at 9:35 am |
  17. The Calabash Kid

    The Conservative strategy at all levels is to gridlock government and make it unable to solve any of the nation's problems. They are willing to allow the middle and lower classes suffer so they can return to power. Back in power, as we should all remember, they forget all those lies about fiscal responsibility and the Constitution. When in power, they run the government as an ATM machine for themselves.

    Their mock outrage is like a Japanese Kabuki play.

    March 24, 2010 09:36 am at 9:36 am |
  18. Christine

    You'd better be prepared..
    The party that was so concerned about cuts to Medicare ( A GOVERNMENT RUN HEALTH CARE PLAN) and other such programs is now about to put them in jeopardy...

    March 24, 2010 09:37 am at 9:37 am |
  19. thehalls

    I guess you do not have to have a driver license if you drive you automobile on our highways, you do not have to have automobile insurance (liabilities) you do not have to have your automobile inspected, I am moving to VA because in North Carolina you have to do all of the above I did not know there was any where in the USA that you could do these thing. Guess what we here in North Carolina have to send our children to school or home school them. Oh if we work we have to pay income taxes, (that mean old government man) by the way this was before President Obama took office.

    March 24, 2010 09:37 am at 9:37 am |
  20. Kill the Bill before it kills US.

    Obama and regime could care less what our Constitution says. Remember, he is a "citizen of the world". If he wants to thumb his nose at the 10th Amendment he will. He is.

    March 24, 2010 09:38 am at 9:38 am |
  21. gt

    dont blame the govenors ,,, there is no way to pay for it....

    March 24, 2010 09:38 am at 9:38 am |
  22. SIMP

    That idiot bill mccollum of fla does not speak for me and millions of other floridians. How in the hell can one person make a decision that affects so many in a state? That moron mccollum is the biggest idiot on the planet and I for one am ashame he has any office that represents my state of FLA. He's a republician and he thinks we all here in florida wants him to fight this bill. Well stupid mccollum, WE DON'T WANT YOUR INPUT TO STOP THIS BILL, CLOWN.

    March 24, 2010 09:38 am at 9:38 am |
  23. Donkey Party

    Great, even more of a reason for a Public option.

    March 24, 2010 09:39 am at 9:39 am |
  24. Terry from West Texas

    Ah, the old Tenth Amendment ploy. It has been used by Conservatives to oppose:
    the abolition of slavery
    the abolition of segregation in the South
    the abolition of child labor
    giving women the vote
    allowing minorities to vote
    the 8 hour day
    the 40 hour week
    laws regarding sexual harassment in the workplace
    workplace safety regulations

    And now it is being used to defend the right of Americans to be sick and die early. Conservatism has a pretty sleazy record.

    March 24, 2010 09:40 am at 9:40 am |
  25. Claudia, Houston, Tx

    American tax payers bailed out AIG we bailed out big insurance companies who in turn lobbyed Repubicans paying them millions, AIG also continues to pay out large bonues and haven't paid the American tax payers one dime. Yeah, Americans this is exactly why Republicans are fighting health care reform, they've been paid to stop it with your tax money.

    March 24, 2010 09:40 am at 9:40 am |
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