FixHealthCarePolicy

States Fighting Back Against Obamacare: Virginia

Although President Obama signed the Patient Protection and Affordable Care Act into law , the battle against the federal takeover of health care is far from over. To the contrary, states continue to fight against the vast overreach of Washington marked by the passage of the Patient Protection and Affordable Care Act, which impedes states’ abilities to enact their own health care reform or continue existing programs.

One of the first to arrive on the battlefield against the President’s health bill was Virginia Attorney General Ken Cuccinelli. As we highlighted last week, constitutionality is at the heart of Cuccinelli’s battle against Obamacare’s individual mandate, which requires all Americans to purchase a level of health insurance deemed acceptable by the federal government, or else pay a penalty. But in March, Virginia passed its own statute protecting Virginians from having to comply with such a mandate, which serves as the backbone to Cuccinelli’s case against Washington. (more…)

Tags: federal takeover health care, Patient Protection and Affordable Care Act, Virginia, Virginia Attorney General Ken Cuccinelli

Constitution Comes First in Virginia’s Obamacare Challenge

RICHMOND, Va. – Visitors in Ken Cuccinelli’s modest office overlooking the state Capitol can readily see the appreciation of Virginia’s attorney general for the Founding Fathers.

Paintings of George Washington, Thomas Jefferson and Patrick Henry hang on his wall. The Gadsden flag stands next to his desk. And when you ask Cuccinelli about Obamacare, he immediately shifts the conversation to the U.S. Constitution.

“I don’t think in my lifetime we’ve seen one statute that so erodes liberty than this health care bill,” Cuccinelli said in a recent interview. “Certainly, we view our lawsuit as being not merely about health care. That’s actually secondary to the real important aspect of the case, and that is to protect the Constitution as we essentially define the outer limits of federal power. If we lose, it’s very much the end of federalism as we’ve known it for over 220 years.”

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Tags: Attorney General Ken Cuccinelli, Founding Fathers, Individual Mandate, ObamaCare, repeal, unconstitutional, Virginia

The States Fight Back: Virginia Rejects Obamacare’s Individual Mandates

Yesterday the U.S. Constitution and federalism won a key battle. The Virginia Senate, which has a Democrat Majority, passed a bill prohibiting a requirement for Virginians to purchase health-care insurance. Five Democrats from swing districts joined all of the Senate Republicans in voting in favor of the measure. And with a Republican State House and Governor, this bill is expected to make it into law.

Some would argue that the legislative implications are negligible as the federal government, if it wants, can override state law and that an individual mandate could be authored in such a way to not run afoul of this Virginian measure. However, the practical implications of this effort are widespread. What are these?

The Constitution is Back in Vogue. Many of the elite politicians and media insiders ridicule anybody who questions health care federalism and the Constitution. The liberal leaders in Congress could not believe that the American people would value our nation’s Founding principles over their precious health care reforms. However, the fact of the matter is that these are serious issues that deserve deep thought and discussion. (more…)

Tags: individual mandates, ObamaCare, U.S. Constitution, Virginia