Virginia's Attorney General Ken Cuccinelli answers the Obama administration's motion that Virginia cannot challenge the new health care reform law.
Cuccinelli filed the state's official response today to the government's request to dismiss Virginia's lawsuit.
In a 52-page response filed this afternoon in U.S. District court, Cuccinelli argued that Virginians are not obligated to buy insurance.
"A lot of people who think we're going to lose the case essentially boil down their expectation into, well, 'the federal government always wins these things,' and that is not necessarily true," says Cuccinelli.
The feds say Virginia is not currently suffering because the federal mandate doesn't go into effect until 2014, but Cuccinelli says the timetable is a non-issue, citing Supreme Court precedence.
"The Virginia health care Freedom Act has been passed. It will go into effect July 1st. Nothing will get in the way of that, and the federal health care bill has been passed. The president signed it into law, and nothing will get in the way of that," says Cuccinelli.
The feds also say the government has the power under the Constitution's Commerce Clause to mandate the purchase of individual health insurance.
But Cucinnelli says the government's argument is contrary to the meaning of the commerce clause as understood by the founders.
"Historically, that type of financial charge to a citizen would not fit into any category that has previously been referred to as a tax," he says. "They have never before used the commerce clause to try and compel people to buy something, ever."
The federal government has 15 days to reply to the brief.
On July 1, an oral argument will be heard by both sides in U.S. District Court in Richmond.
Cuccinelli filed the state's official response today to the government's request to dismiss Virginia's lawsuit.
In a 52-page response filed this afternoon in U.S. District court, Cuccinelli argued that Virginians are not obligated to buy insurance.
"A lot of people who think we're going to lose the case essentially boil down their expectation into, well, 'the federal government always wins these things,' and that is not necessarily true," says Cuccinelli.
The feds say Virginia is not currently suffering because the federal mandate doesn't go into effect until 2014, but Cuccinelli says the timetable is a non-issue, citing Supreme Court precedence.
"The Virginia health care Freedom Act has been passed. It will go into effect July 1st. Nothing will get in the way of that, and the federal health care bill has been passed. The president signed it into law, and nothing will get in the way of that," says Cuccinelli.
The feds also say the government has the power under the Constitution's Commerce Clause to mandate the purchase of individual health insurance.
But Cucinnelli says the government's argument is contrary to the meaning of the commerce clause as understood by the founders.
"Historically, that type of financial charge to a citizen would not fit into any category that has previously been referred to as a tax," he says. "They have never before used the commerce clause to try and compel people to buy something, ever."
The federal government has 15 days to reply to the brief.
On July 1, an oral argument will be heard by both sides in U.S. District Court in Richmond.
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