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. Patriott

    Thank you Gov. McDonnell, you're a true patriott and defender of Freedom. Keep up the fight against this totalitarial administration! The good people of America stand with you.

    March 24, 2010 09:40 am at 9:40 am |
  2. cjr

    this guy is a teaparty thug – another huge republican mistake! maybe they can recall him. – but then again -he can be used as to why we and everyone else in the country needs to support democratic candidates!

    March 24, 2010 09:41 am at 9:41 am |
  3. Save America, impeach the treasonous republicans

    McDonnell continues to move Virginia back into the 1920's. What a worthless pile of right wingnut crap he has proven to be.

    March 24, 2010 09:41 am at 9:41 am |
  4. Ron L

    Is Virginia going to succeed from the "Union" again?

    March 24, 2010 09:43 am at 9:43 am |
  5. Waterboard this idiot TODAY!

    Wow, Virginians must be very proud of their retarded Governor who wants to keep people from health care. Gee, when I was in middle school we were taught being healthy and seeing a doctor regularly was a good thing. McIdiot here must have skipped class that day.

    March 24, 2010 09:43 am at 9:43 am |
  6. JoJo

    I don't anderstand how the Federal Government can enforce me to buy health insurance when I can't afford it. Unless they want to buy it for me, they can't enforce that law.

    March 24, 2010 09:43 am at 9:43 am |
  7. proud dem in nc

    I'm sure the illustrious, wealthy Governor of Va. has a GREAT health care plan for himself in place.

    March 24, 2010 09:44 am at 9:44 am |
  8. Francisco Cardenas

    So does the vicious Virginia AG Cuccinelli and confused Governor McDonnell plan to outlaw collection of Social Security Insurance next?

    March 24, 2010 09:44 am at 9:44 am |
  9. liberal wingnut

    Even if States can derail some of this mess we all will pay when Obama bankrupts the US.

    March 24, 2010 09:44 am at 9:44 am |
  10. Bill in Dallas

    So much for being a "moderate Republican" as you all touted during the election last Nov. McConnell has been as divisive a governor as any. Instead of tackling the "transportation" crisis as he promised to do he recented gays from equal protection. That is a real starter for bringing people together. He will also waste the time and money of the people of the Commonwealth fighting windmills when he should be trying to bring jobs and repair the state's infrastructure. Typical CBN graduate. Let's attack our enemies instead of doing anything constructive.

    March 24, 2010 09:45 am at 9:45 am |
  11. Grundoon

    As if that move has any legal leg to stand on and wasn't anything more thjn political posturing from the side of sore losers.

    March 24, 2010 09:46 am at 9:46 am |
  12. Seb

    So once again the Republican Party will do anything to say NO.
    Did they even consider that under president Bush II this country was plunged in to a war with a country that never did any harm to the USA?
    Billions of dollars down the drain and no revolt by the Republican party because???
    Spending of Bush his administration was not spoken out against because he was a Republican and you always stay true to your fellow party members, right?
    So after spending a few hundred billion dollars on a war that was bogus, my question is:

    Now you good ole party members want to screw over the regular Joe in the U.S.A. again by not letting them have health care, your party is guilty of spending billions and billions of dollars on an illegal war, money that could have been used within the borders of the U.S.A to aid our own citizens in many matters, are you not disgusted by your own actions? and are you really the one's who should point fingers?

    March 24, 2010 09:46 am at 9:46 am |
  13. Jeff

    Makes sense to me. Why did we think we needed to do this on a national scale anyway?

    March 24, 2010 09:48 am at 9:48 am |
  14. Independent Bob

    Good for Virginia!
    If the 17th Amendment hadn't passed the States would still have their advocates in Congress – The Senate. Since the 17th Amendment was ratified in 1913 the States have had to go it alone against federal encroachment. The States have been reduced to court challenges to federal laws that violate the 10th Amendment. Unfortunately they have lost in too many instances.

    The republic was established with two houses in Congress, the Senate to represent States' issues (selected by the State legislatues) and the House to represent the people (elected by the people). When the 17th Amendment codified the popular election of Senators the States lost any power to effect national policy.

    We the people have suffered ever since.

    March 24, 2010 09:48 am at 9:48 am |
  15. Matt

    I can't wait until this "healthcare" bill is chopped down. It has nothing to do with healthcare, anyway, so you can't legitimately use the 'wellfare' clause that so many liberals like to abuse. It's about forcing people to buy a service. What if the federal government said we all had to purchase iPhones, even if we couldn't afford the monthly data fees? Everyone but the Apple fanboys would be outraged. It does nothing for costs, is unconstitutional, and will only help the insurance companies by forcing people to buy their services. Healthcare costs only became out of control since implementing Medicare and Medicaid, so maybe we should consider that the government, regardless of intent, will only make things worse for the American people.

    March 24, 2010 09:48 am at 9:48 am |
  16. Wayne

    What a jerk. The Republicans keep trying their best at keeping the USA divided.

    March 24, 2010 09:50 am at 9:50 am |
  17. HypocriCNNation!

    When Congress Passes A Bill, And The President Signs It...It Becomes The Law Of The Land...IN ALL 50 STATES! Governer McDonell R-Virginia Can Manipulate And Disrespect The Health Care Bill All He Wants. He Can't Change Or Deny The Citizens Of Virginia The Right To Purchase Or Get It. Nor Can The Attorney General!

    March 24, 2010 09:51 am at 9:51 am |
  18. payback

    .... How ironic that. The governor of VA. doesn't want his citizens. To be mandated to or forced to sign-up for health insurance....Because it was the republicans that proposed the idea of a mandate. That everyone be made to sign up for health insurance, who are not now covered. Can you say republican, hypocrisy!!!!!!!!!!!!!!!!!!!!!! They didn't want anyone freeloading off the system...............

    March 24, 2010 09:51 am at 9:51 am |
  19. Kill the Bill before it kills US.

    Obama's legacy will be "The president who destroyed the U.S." and all those who signed the bill have had their hands in it. The freedom that our veterans and present troops have fought for has been diminished even further. Shame on those who are participating in this travesty.

    March 24, 2010 09:52 am at 9:52 am |
  20. Obama 2012

    Now, that's a waste of tax payers' money because I'm sure he's not paying for it!!!

    March 24, 2010 09:54 am at 9:54 am |
  21. David Johnston

    If your state will not require everyone get on a policy like they do for autos,then let the state pay for thoses who don't pay their hospital bill. We are all tired of paying for those who don't. Isn't that why you are charged $50 for an asprin? To cover those who don't pay.

    March 24, 2010 09:54 am at 9:54 am |
  22. katiec

    The republicans will go to any length to grab the headlines and support their irresponsible, unAmerican goals.
    With states having real financial crisises, we do not need these egomaniacs wasting additional money for attention, sacrificing the American people further, and touting their unlimited hypocrasy.,
    Voters need to speak up and let them know enough is enough.

    March 24, 2010 09:54 am at 9:54 am |
  23. firedupandreadytogo

    While they are wasting VA's resources, this tactic won't work!

    March 24, 2010 09:55 am at 9:55 am |
  24. notfooledtx

    A waste of time and resources, but great political grandstanding if you're running as the doofus candidate.

    March 24, 2010 09:55 am at 9:55 am |
  25. BLM

    We can only hope and pray this will stick.

    March 24, 2010 09:56 am at 9:56 am |
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