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Virginia sues Sebelius, federal government over health overhaul

Rosalind Helderman

Virginia's lawsuit challenging the constitutionality of the federal health-care reform law has formally been filed.

Within five minutes of President Obama signing the bill at a White House ceremony this morning, state solicitor general E. Duncan Getchell Jr. and Deputy Attorney General for Civil Litigation Wesley G. "Wes" Russell Jr. headed to the elevators of their sixth-floor office in Richmond and strolled outside, where they were greeted by television cameras, for the short walk to Richmond's federal courthouse.

The suit argues that the legislation's mandate that individuals purchase health insurance exceeds the federal government's power to regulate interstate commerce under the U.S. Constitution. And it asserts that Virginia has standing to sue over the issue because of a new state law that prohibits the mandate in the state. "The collision between the state and federal schemes also creates an immediate, actual controversy involving antagonistic assertions of right," Attorney General Ken Cuccinelli writes in the suit.

"The status of being a citizen or resident of the Commonwealth of Virginia is not a channel of interstate commerce; nor a person or thing in interstate commerce; nor is it an activity arising out of or connected with a commercial transaction. Instead, the status arises from an absence of commerce, not from some sort of economic endeavor, and it is not even a non-economic activity affecting interstate commerce. It is entirely passive," the suit reads. "While the United States Supreme Court has not adopted a categorical rule against aggregating the effects of any non-economic activity in order to find Commerce Clause authority, thus far in our history, it has never been held that the Commerce Clause, even when aided by the Necessary and Proper Clause, can be used to require citizens to buy goods or services."

Assisted by several helpful court clerks in an exceptionally quiet federal courthouse, Getchell submitted a $350 filing fee for the case, which will be formally served on Secretary of Health and Human Services Kathleen Sebelius.

By Rosalind Helderman  |  March 23, 2010; 1:40 PM ET
Categories:  Ken Cuccinelli , Rosalind Helderman  
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Comments

Why are these idiots wasting my taxpayer dollars?

Posted by: losthorizon10 | March 23, 2010 2:35 PM | Report abuse

Conservatives are always complaining about lawyers...except when they need them.

Posted by: maggots | March 23, 2010 2:37 PM | Report abuse

"...Getchell submitted a $350 filing fee for the case..."

Doesn't that fee go up to $500 in the next budget cycle?

Posted by: millionea7 | March 23, 2010 2:37 PM | Report abuse

Good productive and useful way to spend those tax dollars Virginia, boy you guys are brilliant just brilliant. But one thing I thought Conservatives thougth tying up the Courts with trivial lawsuits was a waste of tax dollars, is there a double standard here cause it sure isn't consistant or logical. And one other thing when is that subway to Tysons Corner suppose to be built?

Posted by: gosslaar7611 | March 23, 2010 2:40 PM | Report abuse

So much money are Virginia residents spending so Cuccinelli can pursue his political career to the next level?

Posted by: homer4 | March 23, 2010 2:40 PM | Report abuse

With these states likely struggling to pay their bills as it is in the current ecomomic climate, is suing the Federal government to help deny health insurance to some of their most vulnerable citizens a good use of taxpayer money? Having previously had the dubious "pleasure" of being a constituent of then Rep. Bill McCullum, it surprises me not at all that this petty, small-minded man would be the ring-leader of this cabal.

Posted by: bienefes | March 23, 2010 2:41 PM | Report abuse

If you think that a suit concerning Constitutional rights is a waste of taxpayer money, then you need to study history a little closer. That is how many current laws were tested in the past.

If I don't want to buy something, why should I be forced to purchase it? Some people talk about car insurance like it was a requirement. You can drive a car without insurance in some states don't have to maintain liability insurance. The difference is it is a local / state option, not a federal mandate.

Posted by: ronh4 | March 23, 2010 2:44 PM | Report abuse

Lawyers argue. It's what they do -- and get paid to do. It doesn't mean their argument is valid.

Posted by: gce1356 | March 23, 2010 2:45 PM | Report abuse

Thank you Virginians. You can join us in the Keystone state to bring this piece of legislation and this president down.

Posted by: state82 | March 23, 2010 2:45 PM | Report abuse

The taxpayers of Virgina can be assured their tax dollars are being spent wisely, just not on them, but rich, conservative lawyers, not voters or taxpayers.

The GOP is ignorant to use taxpayers dollars to deny taxpayers service. I am sure Virginia is just fine with the state withholding their coverage for health care, social services, e4tc, and give the money to their rich conservative friends.

Patrick

Posted by: patmatthews | March 23, 2010 2:47 PM | Report abuse

Seems like conservatives only hate it when governments spend money when it doesn't advance their own political ambitions.

Posted by: pmax | March 23, 2010 2:47 PM | Report abuse

Republicans are so funny that they need help. They are just a bunch of do-nothing losers.

Posted by: truth1 | March 23, 2010 2:47 PM | Report abuse

OH Pleaseeee!!!! Give me a Break!!!!.The Republicans are beginning to show their true colors. Their opposition to this Health Care Reform Bill is beginning to take on some UGLY undertones.
Leader Bohner shouting at the top of his lungs Hell No on the floor of the House. His anger showing in his jaw
The Republicans have no one but themselves to blame. they staked their reputation on defeating Obama. Not getting the best Health Care Bill for the American people BUT defeating Obama.
"It will be his Waterloo we will break him."
Well my friends, the Bill has been signed its now LAW and they are beginning to look like a bunch of SORE LOOSERS
Repeal is not going anywhere.
If they want to have a fight over this Bill thats a fight we will be glad to have.
We will beging by calling for the recall of The VA Attorney General. We will paper his office. He should not be using Tax Payers money for a Partisan Politican fight.
At his every Public Appearance we will be there. When he goes to the Bathroom we will be there.
Its ON

Posted by: Carprin | March 23, 2010 2:47 PM | Report abuse

I thought that conservatives didn't want unelected activist judges to protect individual liberty against democratically elected legislatures. It just goes to show that being a conservative means knowing when to cheer for democracy and when to say that America is a republic, not a democracy.

I also like the discussion of the interstate-commerce clause. If they genuinely think that way, why didn't they say so when the issue of medical marijuana was before the courts?

Posted by: DoctorWhom | March 23, 2010 2:47 PM | Report abuse

You won't go to jail if you don't have health care....you'll just suffer a tax penalty. This will only affect rich people, like these Conservative law makers, who don't actually need a health care plan....they just go to the best doctor's that money can afford. Everyone else wants or needs health care, so no biggy there.

Kinda like the seat belt laws....you won't go to jail for not wearing one, but you can be pulled over and ticketed. No big deal.....

Posted by: massmedia77 | March 23, 2010 2:51 PM | Report abuse

Run screaming to the courts. It's the conservative way.

Posted by: Ms_Morgan | March 23, 2010 2:51 PM | Report abuse

I thought that conservatives didn't want unelected activist judges to protect individual liberty against democratically elected legislatures. It just goes to show that being a conservative means knowing when to cheer for democracy and when to say that America is a republic, not a democracy.

I also like the discussion of the interstate-commerce clause. If they genuinely think that way, why didn't they say so when the issue of medical marijuana was before the courts?

Posted by: DoctorWhom | March 23, 2010 2:47 PM | Report abuse

I'm glad I read before I posted because I was going to say the same thing. Very good point and I whole heartedly agree with you.

Posted by: Bigfoot_has_a_posse | March 23, 2010 2:53 PM | Report abuse

ronh4,

Well, like you republicans say, this bill addresses a large portion of the federally run economy, so the federal government has priority over what should be done.

This is a bunch of attorneys general jumping on what will be a crashing bandwagon. They had better jump off before it's too late.

Posted by: pathfinder12 | March 23, 2010 2:54 PM | Report abuse

Obama should appoint a couple of more Supreme Court justices tomorrow and bring the count up to 11.

Posted by: Ms_Morgan | March 23, 2010 2:56 PM | Report abuse

If your state's AG is elected (like he is in my state of Washington) write him/her telling them you don't want tax dollars wasted on a political battle. Get friends & family to do the same. I know in my state the AG has sealed his political fate. I'll never vote for him again, not even for dog catcher. I wish I'd not voted for him B4, I thought he was above being a political hack. This type of case typically costs over $150k to get it thru the first level.

Posted by: jdarby21 | March 23, 2010 2:57 PM | Report abuse

Well, my fellow Virginians, we overwhelmingly voted these right wing crackpots into office last November so now we get what we deserve.

Cut funding for law enforcement, education, and health care but give us more guns!

By the way, even though I supported health reform legislation I hope the suit succeeds.

Here's why.

If the mandate to buy insurance from private insurers is ruled unconstitutional it can be replaced with a payroll tax levied by Congress (which is constitutional)to fund a Medicare program for all!

How do like them apples!

Talk about unintended consequences!

The right wing looney tunes, if they are successfull in challenging the mandate to buy private health insurance, will bring about a single payer health care system which is what I wanted from the beginning!!!

So go ahead right wing AG's! Make my day! Challenge the individual mandate to buy private health insurance so we can have Medicare for all!

Posted by: montana123 | March 23, 2010 2:57 PM | Report abuse

Read the argument carefully--it rests on the Republican governors' position that citizens are not "persons" under the Commerce Clause. So corporations are persons, but citizens are not, under the Party of No's reasoning.

Posted by: fbgraham2 | March 23, 2010 2:57 PM | Report abuse

GOP knuckleheads are going to bury their chances in November. I look forward to it.

Posted by: tojo45 | March 23, 2010 2:58 PM | Report abuse

Posted by: ronh4 | March 23, 2010 2:44 PM

"If you think that a suit concerning Constitutional rights is a waste of taxpayer money, then you need to study history a little closer. That is how many current laws were tested in the past.

If I don't want to buy something, why should I be forced to purchase it? Some people talk about car insurance like it was a requirement. You can drive a car without insurance in some states don't have to maintain liability insurance. The difference is it is a local / state option, not a federal mandate."
====
The issue is called market failure. your 'right' to not buy health insurance means that all of us pay the way if/when you have the hit-by-the-bus moment and need care and cannot pay. this is one reason why premiums are so high. The reason it likely will be an interstate commerce issue (open to federal mandate) is that insurance companies do set up separate risk pools by state and sell and market within and across states...

Posted by: ABethesda | March 23, 2010 3:00 PM | Report abuse

It amazes me as to how the GOP’s are out to “save the unborn” while they inflict such misery upon the living.

Posted by: Shanan1 | March 23, 2010 3:00 PM | Report abuse

So how many millions of state dollars do the Republicans plan to burn for this tantrum?

Posted by: Ms_Morgan | March 23, 2010 3:01 PM | Report abuse

If all you moaners about the lawsuit would read, it is not against the entire law just the mandate in most, if not all, cases. Of course if that causes the law to fall, too bad.

If the president and the democrats has started small with the points that most could agree on, like no denying because of pre-conditions, no dropping if sick, insurance companies selling across state lines, things like that, he could have had a bill that passed with big margins. But no they had to go for everything under the sun, including backroom deals, give-aways and things like that. Then to try to force people who for whatever reason don't want it to buy insurance under the commerce clause was the last straw.

Commerce has always meant someone or some company doing something, but are people not buying something engaged in commerce?
Are they growing or making something? No
Are they shipping something intra or inner state? No
Are they buying, selling trading or bartering something? No

They are in fact doing nothing at all, so how can they be involved in commerce?

Posted by: rchayes | March 23, 2010 3:03 PM | Report abuse

All extremist Republicans, you warriors for "private enterprise" and hate "government", look at what the stock market has been doing the past 10 days: going up, up, up!

A court challenge to national law is going nowhere below the Supreme Court. This effort is to create more astroturf Tea Parties, stir up the riff-raff that never votes anyway.

Follow the money. Markets know this is good business for the country.

Posted by: walden1 | March 23, 2010 3:03 PM | Report abuse

All extremist Republicans, you warriors for "private enterprise" and hate "government", look at what the stock market has been doing the past 10 days: going up, up, up!

A court challenge to national law is going nowhere below the Supreme Court. This effort is to create more astroturf Tea Parties, stir up the riff-raff that never votes anyway.

Follow the money. Markets know this is good business for the country.

Posted by: walden1 | March 23, 2010 3:05 PM | Report abuse

"The issue is called market failure. your 'right' to not buy health insurance means that all of us pay the way if/when you have the hit-by-the-bus moment and need care and cannot pay"

--------------

Well said. And it's the same reason (in most states) you have to wear a motorcycle helmet, wear a seatbelt, and carry collision insurance. Anybody crowing about those (maybe the helmets)?

Well said also, Ms_Morgan. A tantrum indeed!

Posted by: jdarby21 | March 23, 2010 3:06 PM | Report abuse

Republican morons..... have they READ the bill?

Posted by: EdSantaFe | March 23, 2010 3:09 PM | Report abuse

Unless you live deep in the Amazon jungle, every day, every person, engages in some kind of cross border economic commerce.

Posted by: camasca | March 23, 2010 3:09 PM | Report abuse

ronh4 said: If I don't want to buy something, why should I be forced to purchase it? Some people talk about car insurance like it was a requirement. You can drive a car without insurance in some states don't have to maintain liability insurance. The difference is it is a local / state option, not a federal mandate.

-----------------------------

I don't want to buy F-35s or F-22s, why am I forced to purchase them?

I don't want to buy a subway to Dulles, why am I forced to purchase it?

Posted by: JoeMck | March 23, 2010 3:10 PM | Report abuse

I find it comical that the lefties are complaining about the $350 filing fee as a waste of taxpayers dollars when a multi-trillion dollar bill, the largest expansion of federal expenditures in American history, was just passed by a small partisan majority against the objections of a large bi-partisan minority.

Posted by: theduke89 | March 23, 2010 3:11 PM | Report abuse

If the Cooch believes that Virginians should be protected from having to buy health insurance they don't want, can't I, a Virginia resident, withhold my Virginia taxes so I don't have to pay for lawsuits I dislike? Virginians don't want this lawsuit! Stop ramming it!

Posted by: hitpoints | March 23, 2010 3:11 PM | Report abuse

If the supreme court has the guts to truly be honest about this then it's a no brainer.Plain and simple.If this mandate isn't deemed unconstitutional then what is?whats next.The government mandating we all buy a car from government motors ?

Posted by: votingrevolution | March 23, 2010 3:11 PM | Report abuse

Let's clear away the debris.

What's at issue here is whether or not a black President can sign legislation into law. Through out our history as a nation the right to sign legislation into law was reserved for the whiteman.

Posted by: Maddogg | March 23, 2010 3:11 PM | Report abuse

Well Cuccinelli really likes seeing his name in the papers and on TV, that's for darn sure. I guess we can tell who will be trying to run for governor next cycle.

Of course wasting the commonwealth's money on lawsuits doomed to fail is not exactly the best way to demonstrate good judgement.

Posted by: jjhare | March 23, 2010 3:12 PM | Report abuse

gosslaar7611...whats trivial about 938 billion dollars and the trampling of our individual liberty? what an idiot.

Posted by: grace777 | March 23, 2010 3:13 PM | Report abuse

If SCOTUS upholds the Health Care bill, then the intellectually and analytically challenged should consider that it will open Pandora's Box to a multitude of potential laws, regulations that most of us wouldn't like, at least those of us who still believe that we live in a free country.

Following the same logic of Health Care, the gov't could mandate the purchase of ONLY a GM car, require everyone to be a vegan (beef production aggravates global warming because of methane from cow manure, chickens and pigs are traumatized--poor things, and fish contains mercury), dictate how many miles you can drive before paying a "mileage tax" (already in the works at EPA), and require all employees to join a union. The rationale would be the same as health care: "for the good of the people and the nation". Funny thing, though; Hitler, Mao, Stalin, Fidel, and now Chavez all also felt that their programs were "for the good of the people and the nation".

Posted by: apberusdisvet | March 23, 2010 3:14 PM | Report abuse

I just sent Ken Cuccinelli an email. I urge all fellow Virginians to do the same.

Posted by: pmax | March 23, 2010 3:14 PM | Report abuse

"I find it comical that the lefties are complaining about the $350 filing fee as a waste of taxpayers dollars"

-----------------------

I take it you have no experience with legal matters. These suits are going to run into the hundreds of thousands of dollars, possibly millions (depending on how far they take it), per state.

As too the cost of the bill, read the CBO report on it. I did.

Posted by: jdarby21 | March 23, 2010 3:15 PM | Report abuse

States rights...wasn't that one of the causes of the civil war?
States do have a right to sue...
Let the lawyers fight it out. If the rights of states are denied, it may cause another civil war. It needs to be fought at the polls in November. That is going to be some battle, and I am looking forward to it!

Posted by: SeniorVet | March 23, 2010 3:15 PM | Report abuse

Q. Did this guy actually go to a real law school?

A. No. He went to Mason.

Posted by: mcstowy | March 23, 2010 3:17 PM | Report abuse

JoeMck wrote: I don't want to buy F-35s or F-22s, why am I forced to purchase them?

I don't want to buy a subway to Dulles, why am I forced to purchase it?

------------------------------------------

You are not buying those things. The federal government or your state government are buying those things in order to fulfill their constitutional duties.

Telling you you must buy health insurance is exceeding their constitutional duties responsibilities and depriving you of your individual liberties.

Individual mandates have now replaced individual liberties as the bedrock of American constitutionalism. It just happened yesterday. I'm sure you are pleased.

Posted by: theduke89 | March 23, 2010 3:18 PM | Report abuse

This is a completely ignorant suit that will waste money the state of virginia doesn't even have right now. Cucinelli apparently knows as little about standing as he does the interstate commerce clause.

A federal court is not going to touch legislation that won't take effect for years. There is no controversy, there is no conflict, and there isn't even any clear idea of how the mandate will be implemented yet. In any event, Cucinellis tortured construction that being citizen of the state is the sole action potentially subject to federal regulation under the new law is plain silly.

In event, on the substance of the claims, as it were, in its narrowest terms, the operation of the health industry in the united states is a bona fide, directly commercial activity. And the idea that any health services are not provided by entities routinely involved in interstate commerce is laughable.

The argument that the ICC doesnt led the feds "force" people to buy anything is also silly. The federal government can apply any number of punishments and inducements to the individual, providers, or insurers to ensure universal institution of the mandate.

Chief among these levers is income tax. The Mandate will most likely be implemented by giving a "refund" to those who participate in the mandate but not to those who don't.

So Cucinelli's case will boil down the claim that that funding of a federal social program by taxing someone that doesn't receive the benefits of it is unconstitutional. Good luck with that.

Posted by: wharwood | March 23, 2010 3:19 PM | Report abuse

Oh good. If they win I can refuse to pay most of my taxes because they go for providing goods and services that I don't want. For example, I don't fly in airplanes (or otherwise), so I don't want to pay for the FAA. I don't use public transportation, so the government can get rid of the DOT as far as I'm concerned. And I don't use drugs, so close down the FDA; I don't want to pay for it. I don't use libraries; I use the Internet; so eliminate government funding for libraries. The government forces me to pay Social Security taxes. I would rather put that money into my own 401K retirement plan, so I'm going to refuse to pay Soc. Sec. taxes because the government should not be able to mandate that I pay it. I want a Dept. of Peace instead of a Dept. of Defense (War), so I will refuse to pay the portion of my income taxes that goes towards "defense."

Republicans are idiots.

Posted by: foofoofoo | March 23, 2010 3:21 PM | Report abuse

Why don't they spend their time doing something positive for the people of this country? there are a lot of americans who live in washington dc (some of them veterans) who do not have any voting representation in congress.
How come they've let that one slide for a couple of hundred years, but suddenly someone might get free health care and they are up in arms? these guys are the worst kind of hypocritical self-serving politicians. they care only about their own small right-wing fanbase.

Posted by: MarilynManson | March 23, 2010 3:22 PM | Report abuse

So if the HCR Act is ruled unconstitutional does that mean my socialist mandated tax collection for fire and police is also unconstitutional?

Posted by: Maddogg | March 23, 2010 3:22 PM | Report abuse

State's Rights you Say? Bring it on!
I'll bet all of the aggrieved states will be from the old south. Maybe this is our opportunity to deal with the unsettled dust from the civil war and ditch them once and for all. I think the rest of us would fare just fine without them.

Posted by: mastin | March 23, 2010 3:22 PM | Report abuse

So, if Cucinneli is successful in having this repealed because he feels it is unconstitutional to require everyone to be ensured, I am going to sue the State of VA for requiring that my automobile be insured.

Posted by: OHREALLYNOW | March 23, 2010 3:22 PM | Report abuse


Maddog wrote:
Let's clear away the debris.

What's at issue here is whether or not a black President can sign legislation into law. Through out our history as a nation the right to sign legislation into law was reserved for the whiteman.

----------------------------------------------

That's only an issue for the racially obsessed who view every issue through the prism of race.

Posted by: theduke89 | March 23, 2010 3:23 PM | Report abuse

Here's an idea. Since people have so many complaints about how their tax dollars are spent, let's give each individual a questionnaire to designate where which area your tax money will go to support. That way, I can say, health insurance, help someone out who can't pay their bills, that's my pick. And all of the hard right Republicans can sign up to send money to whichever ongoing war they want, or to FEMA, which under Republican control should have changed its name to FEEBLE, so they can use the money. That way everybody's hapyy. Yeah, right. The GOP will be so ticked off that not every penny goes to the military and start up shaking fingers in people's faces and calling them traitors, which is what they do best and most. Oh well. It was just an idea.

Posted by: curtb | March 23, 2010 3:23 PM | Report abuse

So are they idiots going to eschew social security benefits for their citizens? Medicare? Medicaid?

If they want "states' rights" they need to be consistent and pay for everything themselves.

Posted by: EdSantaFe | March 23, 2010 3:23 PM | Report abuse

Didn't the Republicans used to whine constantly about Democrats and liberals asking "activist judges" to overturn laws they didn't like? But now that the Democrats are in charge it's perfectly OK to hope an activist judge takes your side.

The hypocrisy is pretty blatant, even if it's not terribly surprising.

Posted by: greggrj | March 23, 2010 3:24 PM | Report abuse

I love it.

Please O Please let the Republicans continue the fight against this bill. Every day that passes people learn the truth about what this bill will and won't do.

Let the Republicans fight for the insurance companies and for dropping patients when they become sick, rejecting children with preexisting conditions and raising premiums through the roof.

I can't think of a better way to educate people of what they really stand for than for them to demonstrate it like this.

Posted by: HillmanDC | March 23, 2010 3:24 PM | Report abuse

Republicans collectively have the IQ of a single chimpanzee--no offense to that chimpanzee intended.

Posted by: foofoofoo | March 23, 2010 3:25 PM | Report abuse

Political Republican stunt. Next stop for Cuccinelli: the mansion in Richmond. Good luck Virginia.

Posted by: jckdoors | March 23, 2010 3:26 PM | Report abuse

Posted by: OHREALLYNOW

So, if Cucinneli is successful in having this repealed because he feels it is unconstitutional to require everyone to be ensured, I am going to sue the State of VA for requiring that my automobile be insured.
*********************************************
Don't be dense. You can choose not to drive.
You cannot choose to ignore the idiocy of this Bill. I for one hope it goes to the Supreme Court and it gets destroyed.

Posted by: websterr1 | March 23, 2010 3:26 PM | Report abuse

Thank you Virginians. You can join us in the Keystone state to bring this piece of legislation and this president down.

Posted by: state82 | March 23, 2010 2:45 PM
---------------------------
So is this what it is really all about anyhow? Bringing our President down?

Posted by: OHREALLYNOW | March 23, 2010 3:26 PM | Report abuse

VA could make major progress on its budget shortfall by significantly reducing the staff of the AG's office, if the AG has nothing better to do than file this kind of frivilous lawsuit. Cuccinelli has been in office for only two months and already he has filed groundless suits against the EPA and the health care bill and has informed state universities that thay can't prohibit discrimination against gays or veterans. The last was so extreme that even McDonnell disagreed.

What an entertaining (and expensive) four years this will be in the Old Dominion! It is for good reason that the National Association of Attorneys General (NAAG) is also known as the National Association of Aspiring Governors.

Posted by: beckley1 | March 23, 2010 3:26 PM | Report abuse

For all you Virginia taxpayers, the next time your children are in a classroom with 50 other children or you hit a pothole that cannot be fixed because the state has no money remember how your crazy undereducated Attorney General is wasting your tax dollars. Tilting at windmills only works in Spanish literature, to all the rest of us it is expensive, time consuming and ultimately pointless.

Posted by: merrylees | March 23, 2010 3:31 PM | Report abuse

We have a huge deficit, a transportation problem, we are cutting school budgets and Ken COOKinelli is wasting my tax dollars on this nonsense?

Posted by: Prosperity2008 | March 23, 2010 3:31 PM | Report abuse

I'll bet Kookynutty got himself a whole army of "trial lawyers" to present his arguments to some "unelected activist judges." Oh wait....

Posted by: koolkat_1960 | March 23, 2010 3:33 PM | Report abuse


Don't be dense. You can choose not to drive.
You cannot choose to ignore the idiocy of this Bill. I for one hope it goes to the Supreme Court and it gets destroyed.

Posted by: websterr1 | March 23, 2010 3:26 PM
--------------------------------
Sweetheart, you are the dense one. You can choose not to purchase health insurance too but you will be fined and that is a good thing. Why should my premiums get higher and my tax dollars be used to pay for those who choose not to be insured? Making insurance mandatory will ensure I will never have to pay for your visits to the emergency room again!!! This bill will make coverage affordable for everyone, not just the rich. I just wish they had added an amendment that everyone in congress would have to have the same coverage as the rest of us.

Posted by: OHREALLYNOW | March 23, 2010 3:33 PM | Report abuse

All you whackos who voted for Kookinelli, raise your hands. Anyone who saw his behavior in the Virginia legislature could tell you that he would engage in such antics as AG.

Posted by: sasquatchbigfoot | March 23, 2010 3:34 PM | Report abuse

For all you Virginia taxpayers, the next time your children are in a classroom with 50 other children or you hit a pothole that cannot be fixed because the state has no money remember how your crazy undereducated Attorney General is wasting your tax dollars. Tilting at windmills only works in Spanish literature, to all the rest of us it is expensive, time consuming and ultimately pointless.

Posted by: merrylees | March 23, 2010 3:31 PM | Report abuse

*****************

. . . actually, it didn't even work in Spanish literature, either.

Posted by: xandersun | March 23, 2010 3:35 PM | Report abuse

"So is this what it is really all about anyhow? Bringing our President down?"

------------------

That's all it's EVER been about. The rest is smoke. Remember what Jim DeMint said last summer, that he wanted to "break" (a little racial code word for the folks back home) the President.

Posted by: jdarby21 | March 23, 2010 3:35 PM | Report abuse

I love it.

Hopefully, all 50 states will sue.

Posted by: stephenwhelton | March 23, 2010 3:35 PM | Report abuse

Sounds like Republicans are not happy that we have a Congress that actually works. Let's hope the Republicans don't spit on the judge.

At Waterloo Demented met his defeat.

Posted by: Maddogg | March 23, 2010 3:39 PM | Report abuse

I guess Palin is not the only boob in the GOP....

Posted by: EdSantaFe | March 23, 2010 3:40 PM | Report abuse

This is a huge waste of money and time. I want a rebate on my taxes, because I don't wnat to contribute to Cuccinelli's political campaign. Virginia is doomed!

Posted by: hockeymom1 | March 23, 2010 3:42 PM | Report abuse

This is the same genius who decided to tell universities they could stop discriminating against gay people? I suppose Virginia will soon try to overturn the Civil Rights Act and maybe even get rid of Social Security.

Posted by: gary16 | March 23, 2010 3:42 PM | Report abuse

Someone needs to remind McDonnell and Cuccinelli what they were elected to do. Tabiban Ken has been on a jihad against Obama since before even elected to the AG office, so his grandstanding is nothing new. McDonnell ran as a centrist talking up his great ideals to fix transportation, create jobs, and maintain our great schools. So far nothing on all three fronts. Thanks a lot for all the nothing.

Posted by: dhpan | March 23, 2010 3:44 PM | Report abuse

Why don't all the conservative Obama haters just admit that they are mad that they lost the election and now they have lost on the healthcare bill?! You can't stand the fact that Obama has succeeded on a campaign promise that will benefit 80% of the American people -- even ignorant conservative republicans in the state of VA and elsewhere.

VA residents should be livid over how much the new conservative govenor has cut from the public school system and how ridiculously high the state college tuition is going to be! You'll be thankful for the healthcare bill because you're going to need the money that you'll be saving on health ins premiums to pay for the rising education costs for your kids!!!

Posted by: FFXMom | March 23, 2010 3:47 PM | Report abuse

Kookinelli, in a press announcement on the Virginia AG site, claims that just being alive does not constitute commerce, and therefore an individual cannot be required to buy health insurance.

Note that a similar argument could easily be made about motor vehicle operation, yet the Commonwealth requires each vehicle operator to carry insurance, or pay an uninsured motorist fee. This is the same approach used by the health care bill. Perhaps someone should ask Kookinelli how driving a private vehicle constitutes commerce, and how that justification differs from being the community without health insurance.

What a *$^%ing clown.

Posted by: sasquatchbigfoot | March 23, 2010 3:47 PM | Report abuse


"""So, if Cucinneli is successful in having this repealed because he feels it is unconstitutional to require everyone to be ensured, I am going to sue the State of VA for requiring that my automobile be insured.

Posted by: OHREALLYNOW | March 23, 2010 3:22 PM"""

To which the State will say fine. You are not required to have insurance just to have a drivers license
You are not required to have insurance to own and title a car.
You are not required to have insurance if you only drive on private property.
You can drive a car belonging to someone else without you having insurance.
So don't buy insurance but if you want to put plates on and register and drive your car on the streets of Virginia, then you have to have insurance. So the choice is yours. Do nothing and not need insurance or drive your can on the streets and have to have it.

The health care law doesn't give you that choice.

Posted by: rchayes | March 23, 2010 3:47 PM | Report abuse

It's a no brainer slam dunk for these ambitious a-holes. They don't stand a chance of actually winning the suit but the pursuit itself will make them heroes to the conservative base and probably carry them to Congress. All done through the wallets of the taxpayer. Worst part is it won't be just the teabaggers who are too stupid see this con. Most residents of the state of Virginia will be too. The smart play would be to demand that this suit be done with the A.G.'s own money or demand to see such a dramatic drop in crime that would justify the A.G.'s time and effort.

Posted by: TUCK117 | March 23, 2010 3:49 PM | Report abuse

L...o...s...e...r...s!

Suddenly, Evangelical Conservatives are running to the ACLU to "save" the nation from Obama's dictatorship of extending near-universal healthcare to long-suffering Americans!!

Ah, same way Rush Limbaugh fell "in love" with the ACLU when he the DEA went after his illegally-and-criminally obtain Oxycotin!!!

L...o...s...e...r...s!!!!!!!!!!

Posted by: Whispers | March 23, 2010 3:49 PM | Report abuse

Don't be dense. You can choose not to drive.
You cannot choose to ignore the idiocy of this Bill. I for one hope it goes to the Supreme Court and it gets destroyed.
----------------------------------------
Don't be dense d!psh!t, you don't NEED to get insurance either. If you don't you will be fined. That's all. Like medical marijauna, like car insurance, ect ect. Like most things that fall under the commerce clause, you are simply fined or the item, if a physical item, is confiscated.

The suit fails on the most simple test. This LAW (not Bill) does not impose any criminal peanlty for not having insurance. Your freedom is not taken away. You are, therefore, not compelled to do anything. It's a fine. And you have numerous choices to avoid it. The federal government has every right to impose fines under the Commerce Clause as long as they collect them and enforce the laws themselves. Read the law and the court history. A single page on wikipedia shows that the suit is wrong. The feds should ask for an immediate dismissal and then sue Coochey and friends for filing a frivilous lawsuit.

By the way, everybody seems to forget that the "mandate" was a Republican idea cooked up by Mitt Romney. It seems that the Republican hypocracy has no end. They are all in such a bloodlust they have all gone over the deep end.

Kill, Kill, Kill..right? Kill what anyways? What -or who- do you REALLY want to kill? Come on, say it. I know you want to.

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Posted by: linjian76 | March 23, 2010 3:51 PM | Report abuse

It was reported that the Attorney Generals in "at least 14 states" are pursuing a lawsuit to have the courts rule that the Healthcare Reform signed into law today is unconstitutional. If the grounds for the cases are that it is unconstitutional to force people to purchase health insurance, three words if these cases succeed: "bye bye Medicare". Something to think about.

Posted by: Evan.Rosenberg@Gmail.Com | March 23, 2010 3:51 PM | Report abuse

STOP ALL SOCIAL SECURITY BENEFITS TO VIRGINIA.... They don't want all these socialist federal programs impinging on their state's rights? That'll shut them up.

Posted by: EdSantaFe | March 23, 2010 3:51 PM | Report abuse

Wow, the VA AG is a pill huh? Well, since he is tying up all of VA's $$ fighting the Feds, wouldn't it be funny to see the gays come in and sue the state? Oh, that would be a fun judicial site to watch!

Posted by: Aimhigh2000 | March 23, 2010 3:52 PM | Report abuse

Their legal argument makes no sense. If someone refuses to buy health insurance and ends up in the hospital, I end up paying for it. That sounds like commerce to me.

Posted by: Pragmatic8 | March 23, 2010 3:52 PM | Report abuse

Why are these idiots wasting my taxpayer dollars?

Posted by: losthorizon10 | March 23, 2010 2:35 PM | Report abuse
\\\\\\\\\\\\\\\\\\\\\\\\\\

The IDIOTS already did that, the big Kahuna signed the bill approving their actions this morning.

This suit is correct the idiocy going on in DC.

Posted by: frankn1 | March 23, 2010 3:53 PM | Report abuse

Good lawsuit. The Obama administration seems to have a problem understanding the Constitution. Sounds like something Obama proponents said about the prior dope in office... They should at least be up front and seek an amendment to the title and call it the Manifesto of the United States.

Posted by: JohnGaltIsHere | March 23, 2010 3:55 PM | Report abuse

I pay taxes in Virginia and I don't want the Commonwealth wasting them on this c*#@!

Posted by: dottie_b | March 23, 2010 3:58 PM | Report abuse

I find it laughable that those of you who point to waste of your tax dollars on the constitutional challenge by Virginia, you people seem oblivious to the lifelong and tremendous systematic waste this health care bill will institutionalize. If you are worried about the cost of mere lawsuit, then you must be cringing in abject terror at the cost of the health care bill.

With insurance reimbursements to doctors dropping, count on doctors leaving the profession, resulting in a shortage. You will pay the same, but face waiting periods and denial, less return on your tax dollar. When congress lacks the political will to make the bill mandated medicaid cuts, the cost will go up. This means either our deficit goes up by more federal borrowing, or your taxes go up, or they devalue the US dollar by printing more money.

The unifying cry of the tea party people is that the costs of this health care bill as well as the financial bailouts and other Obama policies are unsustainable and foolish.

Posted by: Wiggan | March 23, 2010 3:58 PM | Report abuse

This is a good example of why we need TORT REFORM to protect us from FRIVOLOUS LAWSUITS and ACTIVIST JUDGES.

Oh, and also of Republican HYPOCRISY.

These clowns lose elections, lose their anti-HCR battle, and now want to whine and take America to court!

Posted by: info23 | March 23, 2010 3:59 PM | Report abuse

The taxpayers of Virgina can be assured their tax dollars are being spent wisely, just not on them, but rich, conservative lawyers, not voters or taxpayers.

The GOP is ignorant to use taxpayers dollars to deny taxpayers service. I am sure Virginia is just fine with the state withholding their coverage for health care, social services, e4tc, and give the money to their rich conservative friends.

Patrick

Posted by: patmatthews | March 23, 2010 2:47 PM
-----------------------
I'm starting to think Darwin was wrong.

Posted by: lingering_lead | March 23, 2010 3:59 PM | Report abuse

If I don't want to buy something, why should I be forced to purchase it? Some people talk about car insurance like it was a requirement. You can drive a car without insurance in some states don't have to maintain liability insurance. The difference is it is a local / state option, not a federal mandate.

Posted by: ronh4 | March 23, 2010 2:44 PM | Report abuse

because if you dont buy health insurance, i'm going to have to pay for your health care if you get sick. unless you are willing to agree to a bill that allows ER's to leave the unisured on the curb.

Posted by: dcsportsfan1 | March 23, 2010 4:01 PM | Report abuse

OF COURSE appealing to the Supreme Court won't work, because the SCOTUS is part of the same, corrupt, un-Constitutional government.

OF COURSE passing laws against the individual mandate won't work, because of the supremacy clause.

OF COURSE this means Civil War 2 is just around the corner...

Posted by: pmendez | March 23, 2010 4:01 PM | Report abuse

Ms_Morgan writes:
Run screaming to the courts. It's the conservative way.
-----
Just like Al Gore?

Posted by: kiltedknight | March 23, 2010 4:01 PM | Report abuse

p.s. Why just sue, why not secede? Oh wait, you idiots tried that!!!

Posted by: info23 | March 23, 2010 4:01 PM | Report abuse

Wow, it's only March, about two months in, and Ken Cuccinelli has been even more of a disaster than I imagined. I am always one to have an open mind during the "honeymoon period" of any new administration. It's impossible, though, to avoid the obvious: he is an ego-driven politician using his office to feather his own nest -- not with money, but with media-friendly, costly stunts like this one that get him on the air, even though legal experts consistently say there is little merit in the suit. And, as Ezra Klein has pointed out, if they win, only one provision is struck; the rest of the law stays in place. None of this is challenging the entire law.

Cuccinelli's stunt will play okay among those who enjoyed the ugly tea party scenes this weekend (spit, slurs, hate, etc.) and I doubt he'll get in trouble for this alone. But when you add together his grandstanding just in the last two months, project out how much more he'll do as the months go by, and consider this is all on our dime as the state faces horrific cuts, I'm fairly sure he'll be impeached or forced out of office before his full term is up. Elected office isn't a sandbox to play in and it's not there to serve the officeholder's career. It's there to serve us.

Posted by: fairfaxvoter | March 23, 2010 4:02 PM | Report abuse

I don't consider Washington and Pennsylvania Republican states by any stretch of the imagination. If anything thing they are middle of the ground Democratic / Independent.

Washington has 2 Democratic Senators, with 6 of it's 9 House Representatives being Democrats too.

Pennsylvania also has 2 Democratic Senators, with 12 of it's 19 House Representatives being Democrats too.

Another Republican News reporter trying to rewrite facts. Very, very sad.

Posted by: mebyrns | March 23, 2010 4:03 PM | Report abuse

I should be interesting to see how this plays out. The government already interferes in my life enough as it is.

Posted by: moebius22 | March 23, 2010 4:05 PM | Report abuse

Stupid, stupid Dems (or should I say, Dims). It's about states rights vs federal rights. The suit basically is stating that the fed has no business butting into a states rights issue. This is exactly why this is being taking to the courts. When something appears to be unconstitutional, it should be argued. The AG is doing exactly what he was elected to do and what he is paid to do. Just because you're one of the minority (yes, minority - polls showed that an overwelming majority of American's were against this bill) that was for this bill doesn't make the majority that were not for it idiots. Bottom line, this is a states rights issue and, as such, the fed has no business making such a mandate on its citizenry.

Posted by: mgp1957 | March 23, 2010 4:08 PM | Report abuse

I love it !

All 50 states should sue.

Posted by: stephenwhelton | March 23, 2010 4:08 PM | Report abuse


If I don't want to buy something, why should I be forced to purchase it? Some people talk about car insurance like it was a requirement. You can drive a car without insurance in some states don't have to maintain liability insurance. The difference is it is a local / state option, not a federal mandate.

###########################################

Let's assume we still have the military draft - If I don't want to serve in the army, why should I be forced to?

Posted by: maggots | March 23, 2010 4:09 PM | Report abuse

It will be interesting to see how this plays out in court.

Posted by: meand2 | March 23, 2010 4:10 PM | Report abuse

The counter-attack is under way. Come November, Acorn can't stuff the ballot boxes for you loser Dumbocrats. Your time IS up!!!

VOTE REPUBLICAN!!!

Posted by: A1965bigdog | March 23, 2010 4:11 PM | Report abuse


Now this is what I call thinking outside the box! You use your citizen’s tax dollars to file a lawsuit against the federal government in order to keep your uninsured and under insured citizens from applying for the federal health care plan. Well, now what does this mean for all students over 22 years of age, all the unemployed, under employed, all the small businesses and start up companies? Does this mean that you and your family are going to give up your health care plan since it is a government run plan and paid for by the good citizens of Virginia tax dollars? Why can they not have the same opportunities as you to a good health care plan, I mean their tax dollars do pay you and your family to have good government run health care.

To make sure I am clear-the citizens pay taxes so that you and your family can have health care but you filed a lawsuit with their tax dollars to block them from having the same insurance you and your family now enjoy. Wow! This is a clear case of power abuse.

First, you take away the civil rights of gays and lesbians so that the public and private sector can legally harass and discriminate against them; now you are dictating to the citizens what they can and can not have - sounds like Hitler to me. (Hitler was gay, you know!)

Posted by: sun52shine | March 23, 2010 4:11 PM | Report abuse

President Obama signed a bill into law today mandating all Americans must buy a new Chrysler vehicle to help out the ailing automaker. This is closely being followed by bills mandating purchases of homes and furnishings. Liberals originally protested as the bill did not cover smart cars and allowed leather furniture but relented when they learned union workers were involved.

Posted by: topgun97365 | March 23, 2010 4:12 PM | Report abuse

Your shiite don't float in Virginia, Barry.

You had your little victory, surrounded by your coterie of baby murderers.

Savor the flavor, son, because after November, most of them will be gone.

Posted by: VirginiaConservative | March 23, 2010 4:13 PM | Report abuse

People on here are commenting that filing suit to protect the constitution and individuals' private liberties is a waste of taxpayer's money?? Yet, they apparently aren't concerned about the unprecedented waste of taxpayers' dollars that will be spent on this massive Health Deform Bill. Hmmm, I'll side with the constitution....God Bless the Attorneys General for acting swiftly and prudently.

Posted by: milsbest90 | March 23, 2010 4:13 PM | Report abuse

Hey JohnGaltIsHere, do you know that your patron saint was a Jew from St. Petersburg?

Posted by: sasquatchbigfoot | March 23, 2010 4:14 PM | Report abuse

... Funny thing, though; Hitler, Mao, Stalin, Fidel, and now Chavez all also felt that their programs were "for the good of the people and the nation".

Posted by: apberusdisvet
-----
Left out Bush?

Hopefully, the new health care reform will cover your paranoia.

Posted by: shhhhh | March 23, 2010 4:15 PM | Report abuse

Wow! I'm surprised he found the time to try and keep health care out of the hands of uninsured Virginians. He seems so busy trying to keep civil rights and basic protections out of the hands of gay Virginians...

Posted by: bgd1964 | March 23, 2010 4:17 PM | Report abuse

"So is this what it is really all about anyhow? Bringing our President down?"

------------------

That's all it's EVER been about. The rest is smoke. Remember what Jim DeMint said last summer, that he wanted to "break" (a little racial code word for the folks back home) the President.

------------------

Only in America -- at least until Pelosi puts a stop to free speech.

Posted by: JAH3 | March 23, 2010 4:17 PM | Report abuse

PURE POLITICS.INSTEAD OF THROWING AWAY GOOD TAXPAYER'S MONEY THESE STATES SHOULD USE IT IN IMPROVING THEIR CITIZEN'S HEALTH CARE.

Posted by: arcoveus | March 23, 2010 4:18 PM | Report abuse


Now this is what I call thinking outside the box! You use your citizen’s tax dollars to file a lawsuit against the federal government in order to keep your uninsured and under insured citizens from applying for the federal health care plan. Well, now what does this mean for all students over 22 years of age, all the unemployed, under employed, all the small businesses and start up companies? Does this mean that you and your family are going to give up your health care plan since it is a government run plan and paid for by the good citizens of Virginia tax dollars? Why can they not have the same opportunities as you to a good health care plan, I mean their tax dollars do pay you and your family to have good government run health care.

To make sure I am clear-the citizens pay taxes so that you and your family can have health care but you filed a lawsuit with their tax dollars to block them from having the same insurance you and your family now enjoy. Wow! This is a clear case of power abuse.

First, you take away the civil rights of gays and lesbians so that the public and private sector can legally harass and discriminate against them; now you are dictating to the citizens what they can and can not have - sounds like Hitler to me. (Hitler was gay, you know!)

Posted by: sun52shine | March 23, 2010 4:18 PM | Report abuse

At last an honest person: See Below >>

"Thank you Virginians. You can join us in the Keystone state to bring this piece of legislation and this president down.

Posted by: state82 | March 23, 2010 2:45 PM "


This is the agenda pure and simple ("to bring this ... president down."; it has nothing to do with health care or anything else. Health Care is merely the foil that they intend to use to achieve this goal - the public be damned.

Let the public starve (no jobless benefits) and let them die from illness ( no health insurance, no medications - only emergency room charity); people are just pawns in the game of political revenge against the nation for electing a non white, Anglo Saxon man to the presidency!!

I find it difficult to believe that so many people can be so easily duped into fighting against their own best interest by fat, old, moneyed white men who are hell bent on preserving their status as plantation overlords!

Posted by: dotto | March 23, 2010 4:18 PM | Report abuse

So Virginia can find the time and money to spend on lawsuits against the federal government, but it can't afford to budget money so that I didn't have to wait until spring to see sidewalks free of snow?

Way to go Cuccinelli. I'm actually surprised you could tear yourself away from tormenting homosexuals. Bravo, good sir!

Posted by: Please_Fix_VAs_Roads | March 23, 2010 4:19 PM | Report abuse

At last an honest person: See Below >>

"Thank you Virginians. You can join us in the Keystone state to bring this piece of legislation and this president down.

Posted by: state82 | March 23, 2010 2:45 PM "


This is the agenda pure and simple ("to bring this ... president down"; it has nothing to do with health care or anything else. Health Care is merely the foil that they intend to use to achieve this goal - the public be damned.

Let the public starve (no jobless benefits) and let them die from illness ( no health insurance, no medications - only emergency room charity); people are just pawns in the game of political revenge against the nation for electing a non white, Anglo Saxon man to the presidency!!

I find it difficult to believe that so many people can be so easily duped into fighting against their own best interest by fat, old, moneyed white men who are hell bent on preserving their status as plantation overlords!

Posted by: dotto | March 23, 2010 4:19 PM | Report abuse

A1965bigdog Posted:
The counter-attack is under way. Come November, Acorn can't stuff the ballot boxes for you loser Dumbocrats. Your time IS up!!!

VOTE REPUBLICAN!!!
########################################
Spoken like a true REPIGLICAN! If you actually kept up with current events and stopped drinking the kool-aid spewed out by Fox News, you would know that Acorn is no longer in business!
And, BTW, Obama won legitimately and so will other liberals come November! The days of your kind are numbered and have been for the last nine years...

Posted by: FFXMom | March 23, 2010 4:19 PM | Report abuse

Go AG's Go!!!

Posted by: mgp1957 | March 23, 2010 4:21 PM | Report abuse

The health care bill is a huge unfunded mandate for states. Spending a fraction of that to challenge it makes good economic sense. Notice how no one is talking about Bush anymore. We have found someone to strip our individual freedoms even faster.

Posted by: Peterjdennis | March 23, 2010 4:21 PM | Report abuse

A1965bigdog Posted:
Spoken like a true REPIGLICAN! If you actually kept up with current events and stopped drinking the kool-aid spewed out by Fox News, you would know that Acorn is no longer in business!
=====================================
And, A1965bigdog, if you actually kept up with current events, you'd know that some of the larger ACORN affiliates already split off from them and reformed under new names so as not to be associated with ACORN. So, this org. is still out there... just disguised under a new name.

Posted by: mgp1957 | March 23, 2010 4:23 PM | Report abuse

What about the commerce cluase?


This is going to be interesting


Are doctors' licenses generally restricted state-by-state ???

___________________________________________


The Supreme Court finally came to its senses when it invalidated a congressional ban on illegal guns within 1,000 feet of public schools. In United States v. Lopez (1995), the Court ruled that the Commerce Clause may only be used by Congress to regulate human activity that is truly commercial at its core and that has not traditionally been regulated by the states. The movement of illegal guns from one state to another, the Court ruled, was criminal and not commercial at its core, and school safety has historically been a state function.

.

.

Posted by: 37thand0street | March 23, 2010 4:23 PM | Report abuse

The counter-attack is under way. Come November, Acorn can't stuff the ballot boxes for you loser Dumbocrats. Your time IS up!!!

VOTE REPUBLICAN!!!

=============================
excellent strategy. insult them, then exhort them to vote for your candidate.

what next, quiz kid? you gonna invent the cordless extension cord?

Posted by: Please_Fix_VAs_Roads | March 23, 2010 4:24 PM | Report abuse

Q - So if the citizens of Virginia are not components of commerce why are they paying taxes?

A - They pay taxes with voodoo money!

Posted by: Maddogg | March 23, 2010 4:27 PM | Report abuse

Well, give credit to the GOP. No one wastes taxpayer money better than they do.

Posted by: JPRS | March 23, 2010 4:28 PM | Report abuse

One poster who is opposed to the mandate suggested that the better approach would have been to adopt those pieces of reform on which there is consensus, such as elimination of restrictions on coverage of pre-existing conditions.

News flash: The only way that restriction could be done away with is by requiring that everybody get insurance. Otherwise, everyone would game the system and obtain insurance only once they get sick, driving premiums completely through the roof.

The mandate and the elimination of pre-existing conditions restrictions are inseparable; they are opposite sides of the same coin.

Think what you will of the federal govrenment's right to impose it, but the economics of that basic fact are undeniable. That's why Massachusetts did the same thing. There's simply no other way.

Posted by: Meridian1 | March 23, 2010 4:29 PM | Report abuse

Obama is way up in the polls by some 9 points following the passing of the HCR Act.

Looks like Republicans are destined for the dust bin of history and a permanent minority status for many decades.

That's what they get for spitting on people.

Posted by: Maddogg | March 23, 2010 4:30 PM | Report abuse


Commerce has always meant someone or some company doing something, but are people not buying something engaged in commerce?
Are they growing or making something? No
Are they shipping something intra or inner state? No
Are they buying, selling trading or bartering something? No

They are in fact doing nothing at all, so how can they be involved in commerce?

##########################################

If I travel across a state line to get heart surgery, I sure as heck am buying something - the hospital is not giving it to me for free. I give them money and they fix my heart! Commerce!

Your 18th century definition of commerce does not fit today's reality or court decisions over the past 200 years.

Posted by: maggots | March 23, 2010 4:31 PM | Report abuse

Lets face the FACTS: Republicans (Reagan, Bush, Gingritch, Beck, Limbaugh, Bachman, Demint, etc. etc. ) have been and are utter complete lunatics.

To be exact what this means is that Republicans are paid agents of Rich & Big corporations (Big Pharma, Big Insurance, Big Military, Big Banks, etc. aka Wall Street Gang) and as such they have been part of one of the Ultimate Con Jobs in the history of man kind, perpetrated on the American people, for the last many decades. The purpose of which Con Job are the following 2 Key objectives:
1- To give American people as little as possible for the Taxes that we pay,
2- To enable the Rich & Big corporations (Big Pharma, Big Insurance, Big Banks, etc.) to get as rich as they can off
the back of the American middle class (people) by not having the Government (of the People by the People for the People)
regulate what they can do for the benefit of the People, such as have Universal nationalized health care, as all Europeans have, Canadians have, Israelis have, Chinese have, etc. or as we have Universal nationalized Military, Police, Fire, etc. etc.

And to get away with this Ultimate Con Job, Republicans have been saying any insane thing, any lunatic thing, no matter how senseless and illogical, such as:
1- "Government cannot do anything..."
2- "Government is the problem not the solution..."
etc. etc.
After all, if "Government cannot do anything..." then:
1- Why the HEK are we paying about 40% of our income in various form of Taxes*?
2- Are you saying that we should operate the US Military, Police, Fire, Courts of law, etc. etc. on private basis?

Much more here:
http://anoox.com/blog/Real_News.34034

Posted by: RealNews1 | March 23, 2010 4:33 PM | Report abuse

I am sure that people will love their state leaders doing everything they can to make sure the insurance companies can deny people coverage, kick them off when they get sick, spend as much on administration as they want, and put a cap on how much care people can get during a single year, so that they die, if they can't pay up. If people like nothing better than a red hot poker up the anal chute, then making sure that insurance corporations can do it is a sure winner this November.

Posted by: daweeni | March 23, 2010 4:33 PM | Report abuse

I thought the GOP hated lawyers/frivolous lawsuits and was all about tort reform or was that just a talking point used to score points with no substance behind such claims?

Posted by: hootie1fan | March 23, 2010 4:34 PM | Report abuse

Republicans are so funny that they need help. They are just a bunch of do-nothing losers.

Posted by: truth1 | March 23, 2010 4:34 PM | Report abuse

VA better close its federally funded highways... STATES RIGHTS... that probably also includes closing airports, seaports, etc... let alone social legislation like social security, medicare, medicaid, veterans benefits, etc.

The old (and I mean old) issue of states rights is, as already noted, an 18th Century construct.

Posted by: EdSantaFe | March 23, 2010 4:35 PM | Report abuse

Funny, when the judicial branch makes decisions that defend peoples' Constitutional rights, it's called "judicial activism" and "overruling the electorate". But when it's used for conservative causes, it's just fine.

Posted by: SubRosa2 | March 23, 2010 4:36 PM | Report abuse

.
.
.
.

Ok.. so spending MILLIONS on a lawsuit that has NO merit is ok.

But spending MILLIONS on helping a child with cancer and NO MEDICAL INSURANCE is
socialism?

These people make me sick.

.
.
.
.
.
.
.

Posted by: A-Voter | March 23, 2010 4:36 PM | Report abuse

Next up, Virginia will be challenging the constitutionality of Social Security and public health laws.

Posted by: MrCee | March 23, 2010 4:41 PM | Report abuse

Both Repubs & Dems need to watch the film "Michael Collins" with Liam Neeson. Again. Ireland's political leaders eventually led them into civil war and it shattered their country. They are still trying to fully recover from it, north and south. And it seemed to be a matter of just refusing to get along with each other, to make it all work.

And now here we are in this country... If that's where it's going, then we need to prepare, call it straight. Many of the furious protesters will tell you that IS where they want to go. I have talked to relatives in Texas who say "Hell yes" they want to secede from the Union, that Obama is a disaster for this country, etc, the exact opposite of what I and so many others think.

So- Dems - do we need to prepare for the same fate that Ireland went through?? Call it straight. What's going on?

Posted by: LawsLuvr | March 23, 2010 4:41 PM | Report abuse

.
.
.
.

Ok.. so spending MILLIONS on a lawsuit that has NO merit is ok.

But spending MILLIONS on helping a child with cancer and NO MEDICAL INSURANCE is
socialism?

These people make me sick.

.
.
.
.
.
.
.

Posted by: A-Voter | March 23, 2010 4:41 PM | Report abuse

THE REPUBLICANS ARE PLAYING TO THEIR BASE AND WASTING TAXPAYER MONEY.... AND JUST LIKE WITH SOCIAL SECURITY AND MEDICARE, THE WORLD DID NOT COME TO AN END!!!!

Posted by: WVUWEIRTON | March 23, 2010 4:42 PM | Report abuse

I thought the GOP was against using the courts to legislate...what happened to that?

Posted by: onifadee | March 23, 2010 4:43 PM | Report abuse

STATES RIGHTS is BALONEY.... isn't this the law that made it illegal to have an alcoholic beverage while flying over Kansas because it was a "dry" state?

GIMME A BREAK....

Posted by: EdSantaFe | March 23, 2010 4:44 PM | Report abuse

let's see.. bill mccullom, where have i heard that name before??

oh yes, he was one of the HOUSE IMPPEACHMENT MANAGERS back in the last century trying to impeach bill clinton.

yes, bill mccullom. he's always in the forefront when it comes to wasting taxpayers dollars. yet, this century or the last, what republican isn't?

Posted by: surlydoc | March 23, 2010 4:46 PM | Report abuse

So the Republican Attorney General wants to repeal a healthcare bill that will help 546,000 Virginians currently without healthcare? I think its time for VA voters to demand a recall.

Posted by: logcabin1836 | March 23, 2010 4:46 PM | Report abuse

I see My Nebraska AG signed on for this Republican Fiasco as Omaha Yesterday announced the termination of 300 in the School district for lack of funds. Teachers are now expected to face Class size on average of 30 Students. Now We get to pay for trying to overturn 200 yrs. of established Law. Of course, Nebraska, like many other States, make You buy Auto Insurance as a condition to drive and the AG want's to dictate Sexual and Family Birth decisions by the State. It's all about Politics, not Law.

Posted by: mnlennon | March 23, 2010 4:47 PM | Report abuse

The law suits are not a big problem. Even if the activist supreme court upholds them, what republicans worship, dollars, can be held back from these states until they comply. This is how it worked for speed limits, and I presume regulations that govern seat belts and the need to have insurance to drive a car.

Posted by: NotRepug | March 23, 2010 4:48 PM | Report abuse

Any lawsuits arguing that the way the bill was passed was unconstitutional is going to crash. The argument that the Federal government cannot mandate that a private citizen has to purchase insurance might just have enough merit to crash and burn the whole health care legislation. It will be interesting to see what the right wing supreme court does.

Posted by: gvelanis | March 23, 2010 4:48 PM | Report abuse

Im proud to be a Virginian

Posted by: mralexva | March 23, 2010 4:49 PM | Report abuse

Let's get those pesky warships out of Virginia too. Who needs those federal dollars? We are capable of surviving without any federal pork.

Posted by: rcvinson64 | March 23, 2010 4:49 PM | Report abuse

Cuccinelli is a right-wing ideologue. He was the most ridiculous candidate on the Republican ticket last year. He lives for this kind of stuff, so it's not surprising. Just repulsive.

Posted by: gS3tNWWa | March 23, 2010 4:51 PM | Report abuse

Excellent, I am glad VA filed so quickly. Now they can have the honor of being the first to lose, but only after the tax payers of Virginia have spent tens of millions of dollars fighting this in the courts. Then, once Ken has enraged the Democratic Northern Virginia for the benefit of his 6 toothless yokel "real virginians" who support him, he can be laughed off into retirement.

And you guys need to answer the one argument you keep ignoring. How can you be forced to buy auto insurance if it is apparently "illegal"? Even the two states that don't require you have an insurance policy, DO require you have sufficient assets on hand to pay any claims, if you don't have sufficient assets, you have to buy insurance.

Posted by: Nosh1 | March 23, 2010 4:52 PM | Report abuse

Here's a couple of articles on the chances of these lawsuits:
New York Post - http://www.cato.org/pub_display.php?pub_id=11602
WaPo - http://www.cato.org/pub_display.php?pub_id=11600

Posted by: gmclain | March 23, 2010 4:53 PM | Report abuse

Cuccinelli is a right-wing ideologue. He was the most ridiculous candidate on the Republican ticket last year. He lives for this kind of stuff, so it's not surprising. Just repulsive.

Posted by: gS3tNWWa | March 23, 2010 4:54 PM | Report abuse

Hey, Dims! Even your Obergod hates this bill...

http://www.msnbc.msn.com/id/3036677//vp/34455431#34455431

Posted by: mgp1957 | March 23, 2010 4:56 PM | Report abuse

Republicans filing lawsuits to keep sick American's and their children from getting quality health care at affordable costs, and also closing that big fat gaping Donut Hole in Medicare prescription benefits, so that Senior Citizen's can once again begin to afford their medications, is going to make a lot of Americans angry at Rethuglicans.

With that said, Republicans are going to wish they never heard of Health care Reform, or President Obama.

Posted by: lcarter0311 | March 23, 2010 4:58 PM | Report abuse

Virinia, you sure know how to pick 'em!

Clown McDonnell cuts funding for educaton, healthcare and law enforcement. He loosens the gun laws. He keeps his promise to improve transportation by...re-opening the closed rest areas! Whoo FN pea!

And Ken Cuccinelli makes a mockery of the Attorney General's office by going after gays in the state universities (can we say "hate campaign?") and suing to interfere with the fefderal health care legislation.

Like the other poster, I hope the lawsuit wins and leads the way for the unintended consequences of replacing the manadated individual purchase of insurance from private carriers with a public option.
I and millions of others will be happier than the proverbial pig in slop since we wanted the public option in the first place and only gave it up to appease Republicans who eventually tried to sabotage the whole thing.

Another benefit? Ken Cuccinelli's political career will end up in the toilet.

So go ahead, Kenny Boy. Have at it. Get us the public option! The Tea Baggers will love you for it.

Posted by: ceefer66 | March 23, 2010 5:00 PM | Report abuse

If there was any valid constitutional challenge it would have been used during the passing of the bill. There is no mandate to buy insurance, there is a tax being audited by I.R.S. that gets waived for having insurance, religious objections to insurance (waiver given) or being a very low earner. The commerce clause challenge does not work when insurance pools are only in individual states. I believe the Dems have covered all bases concerning constitutional challenge. VA's recent executive order on the other hand allowing discrimination against gays looks to this American as a violation of the Matthew Sheppard act recently passed.

Posted by: jameschirico | March 23, 2010 5:00 PM | Report abuse

What if I, as citizen of the Commonwealth, do not want this suit filed? How can we citizens of the Commonwealth who do not want our tax dollars spent in this manner stop Cuccinelli?

This is the same bozo who decreed that universities were not allowed to have their own anti-discrimination policies and he was RESOUNDINGLY shouted down.

We all know he wants to be governor now. How about a different path to your political ambitions that do not cost the taxpaters MONEY Ken?!?

Posted by: dand187 | March 23, 2010 5:01 PM | Report abuse

It's going to be implemented as an additional $750 tax with a $750 RTC based on proof of insurance. Hard to see that being struck down.

Posted by: mason08 | March 23, 2010 5:03 PM | Report abuse

These are the very same people who never took issue with using OUR taxpayer dollars to fund the building of schools and clinics, roads and bridges in foreign places like Kabul and Baghdad. Yet ask them to use that same taxpayer funding on healthcare for the working and middle class and they go up in arms citing their constitutional freedoms and all that. Ken Cuccinelli and his roving pack of right-wing teabaggers are just useless scum.

Posted by: StarStopper | March 23, 2010 5:06 PM | Report abuse

Sadly, I've read many of the comments, and two things are imminently clear. 1) Conservatives uniformly HATE this bill. 2) Conservatives mostly have NO INKLING what it says.

I have a Republican friend who got laid off - CORBA ran out. This helps him.

I have a Democratic friend - a nurse practitioner, who recently lost almost all of her sight. Her employer laid her off. She cannot resume her career, and must figure out how to be retrained. No health insurance to pay for her eye meds. This helps her.

I have an Independent friend. She works full time for 1 employer(12 years). The small company is struggling, and cannot afford to pay health insurance. She and her daughter have none, as she only makes $32K per year. This helps her.

Who is doesn't help is conservatives who make good money, and can already afford quality care. So I understand your anger.

And may God forgive you for it.

Bill
Not a Liberal, but a Christian

Posted by: whodema | March 23, 2010 5:07 PM | Report abuse

When Bush and Cheney told us we had to surrender habeas corpus and other liberties for the sake of our safety, the left spoke up for the Constitution and the right caved in. Now, Obama is telling us we are going to be forced to buy services from insurance companies, and the right is speaking up for the Constitution and the left has caved in.

I happily side with anyone who stands up for the Constitution. The rest of you can go soak your heads.

Posted by: dpb23 | March 23, 2010 5:09 PM | Report abuse

Sometimes doing nothing is the right thing grasshopper. Maybe we should have stayed on the sideline and done nothing with Iraq? I think so and I bet you do too. What about the Patriot Act - that was kind of an overreaction don't you think?

Spend your own money, not mine. And before you say something snarky, realize that I pay a ton of taxes (and more now with OBAMAism coming our way) so I care where my money goes...

*****

Republicans are so funny that they need help. They are just a bunch of do-nothing losers.

Posted by: truth1 | March 23, 2010 4:34 PM

Posted by: JohnGaltIsHere | March 23, 2010 5:11 PM | Report abuse

Cuccinelli is an embarrassment to the University of Virginia and the Commonwealth of Virginia. Wonder how many of our much needed tax dollars will be wasted fighting health care? What a joke! Where were all these Republicans who are now "so concerned about the Constitution" when the US unconstitutionally invaded Iraq?! Even if in the fabricated worst case scenario of these Republicans, health care reform costs a trillion dollars, won't it still be worth spending on our OWN citizens...after all we've spent that much on Iraqi citizens.

Posted by: alisamkeith | March 23, 2010 5:11 PM | Report abuse

The good news is that we have a fair and just SCOTUS which actually reads and understands the Constitution of the USA unlike the Democratic Party communists.

This SCOTUS will rule in favor of the Tenth Amendment overturning the tyranny of the current regime.

For Obama, that means he can have more whine time at his State of the Union pep rallies but his and the Democrats communist takeover will still be overturned.

Posted by: Patriot12 | March 23, 2010 5:11 PM | Report abuse

States rights...wasn't that one of the causes of the civil war?
States do have a right to sue...
Let the lawyers fight it out. If the rights of states are denied, it may cause another civil war. It needs to be fought at the polls in November. That is going to be some battle, and I am looking forward to it!
==========================================================================
They do have a right to sue, they even have the right to overturn existing law with 3/4 of all states approving. You could write a constitutional amendment, vote in a congress with 2/3 of votes to overturn the president's veto in a new bill voiding this one. My belief is all of the above will fail. Thank you for defending all Americans to have the right to express their opinions.

Posted by: jameschirico | March 23, 2010 5:15 PM | Report abuse

By the way, for those touting the Constitution, let's see what it says regarding this matter:

Article I - The Legislative Branch
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;

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.

Article IV - The States

Says nothing in regards to this matter.

Amendment 10 - Powers of the States and People. Ratified 12/15/1791.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people


Unfortunately, Virginia, the power to “provide for the… general Welfare…” is specifically reserved for Congress under Article I.

What an enormous waste of tax dollars for publicity.

Posted by: whodema | March 23, 2010 5:19 PM | Report abuse

Commerce has always meant someone or some company doing something, but are people not buying something engaged in commerce?
Are they growing or making something? No
Are they shipping something intra or inner state? No
Are they buying, selling trading or bartering something? No

They are in fact doing nothing at all, so how can they be involved in commerce?

##########################################

If I travel across a state line to get heart surgery, I sure as heck am buying something - the hospital is not giving it to me for free. I give them money and they fix my heart! Commerce!

Your 18th century definition of commerce does not fit today's reality or court decisions over the past 200 years.

Posted by: maggots | March 23, 2010 4:31 PM

I agree, if you do anything at all you are engaged in commerce (at least according to the government). But if you don't go to the doctor or hospital or clinic or anything like that then you are not.

Same is someone makes a car, they are engaged in commerce. If I don't buy it, I am not. I could go on and on but the fact remains as long as someone does not take any action, they are not engaged in commerce.

To those who talk about SS and medicare and the like. These are things paid by taxes and like it or not the government has the right to tax. There is a difference between a mandate on people and a tax.

Posted by: rchayes | March 23, 2010 5:21 PM | Report abuse

I thought Virgian was BROKE..
Why are they spending moeny on this Law Suit??

Posted by: Fei_Hu | March 23, 2010 5:25 PM | Report abuse

The Virginia General Assembly just finished a session where it was determined that the state had no money for roads, schools, or public safety. Yet we apparently we have an unlimited budget for Cuccinelli's political grandstanding.

Most legal experts agree that even with the Supreme Court stacked as it currently is, these "states rights" lawsuits have little to no chance of success.

Of course, if Cuccinelli is any kind of a lawyer, he realizes that. But the political capital is just too good to pass up. He endears himself with the Tea Party gang, and at the same time makes McDonnell appear "moderate" by comparison. As far as their careers go, this noxious charade is a win/win bargain.

Posted by: alert4jsw | March 23, 2010 5:28 PM | Report abuse

"Republicans bitterly denounced the legislation Tuesday, and more than a dozen GOP state attorneys general promptly filed lawsuits challenging it as unconstitutional."

Declaratory and injunctive relief is appropriate and is available for Plaintiffs, as a tool of the Court to protect Plaintiffs from future abridgment of their rights.

Plaintiffs show a "real" or "immediate" threat to their rights being further abridged and that a substantial and immediate irreparable injury exists, See City of Los Angeles v. Lyons, 461 U.S. 95, 111 (1983) (quoting O'Shea v. Littleton, 414 U.S. 488, 502 (1974) that Plaintiffs' suit is not premature.

Posted by: kwoods2 | March 23, 2010 5:28 PM | Report abuse

Thanks Cuccinelli. Coming on the heels of your brain fart on gay rights policy, I'll have to start wearing a bag over my head lest someone recognize me as a Virginian.

Posted by: st50taw | March 23, 2010 5:30 PM | Report abuse

Wow, didn't take long for the expectation that Cuccinelli would embarrass the state somehow. Guess he never read the law put in place after the last time states decided they did not have to follow federal law, leading to the civil war. Wonder if he thinks he's ready to succeed. Don't be surprised if he heads in that direction. Don't put anything past this guy, his governor, or their mentor Robertson.

Posted by: Fate1 | March 23, 2010 5:31 PM | Report abuse

Pretty funny when these fools say 'it's not about health care it's about states rights' or whatever - pretty much like when 1965 segregationists said it wasn't about race or when the lawyer say's its not about money :-)

Posted by: orange3 | March 23, 2010 5:32 PM | Report abuse

Commerce has always meant someone or some company doing something, but are people not buying something engaged in commerce?
Are they growing or making something? No
Are they shipping something intra or inner state? No
Are they buying, selling trading or bartering something? No

They are in fact doing nothing at all, so how can they be involved in commerce?

##########################################

If I travel across a state line to get heart surgery, I sure as heck am buying something - the hospital is not giving it to me for free. I give them money and they fix my heart! Commerce!

Your 18th century definition of commerce does not fit today's reality or court decisions over the past 200 years.
===================================================
The question is not where the product is used, it is where it is bought and registered. Buying a car from another state is interstate commerce, buying car insurance (state regulated) is not. The insurance pools are within each state, interstate pools would be subject to the commerce clause.

Posted by: jameschirico | March 23, 2010 5:32 PM | Report abuse

One really must wonder about the psychological well-being of persons in the GOP who are OBSESSED with making sure Americans do not get access to healthcare. Really? Mark Levine screaming at the top of his puny lungs; Rush Limbaugh bumbling his way through lies and actually lamenting that insurance premiums are now going to go up (UH, Rush, liberals agree--get rid of the freakin' insurance companies). They are going to lose their shirts in November as Americans wake up to the fact that their fearmongering lies were just that; that their families are doing better; and that Republicans have not one idea to solve anything. They just want to make d*mn sure your mom, your grandma, your sibling, your cousin or neighbor doesn't get access to healthcare. I'd say it's safe to conclude the GOP is very, very sick.

Posted by: medogsbstfrnd | March 23, 2010 5:34 PM | Report abuse

It's time to cut off the stimulus funds to Virginia and the state can lay off the Attorney General .... with an empty stomach and no job, health care will be dear(er) ...

Virginia has a deficit and roads with "pot-holes" .... bigger problems than bothering the President Of The United States on the constitutional rights he's presumed to be violating.

Posted by: free_np | March 23, 2010 5:34 PM | Report abuse

Jeez, what's next? Is Cuccinelli going to demand to see Obama's birth certificate?

I'm so proud to live in VA.

Posted by: mcaicedo | March 23, 2010 5:36 PM | Report abuse

Don't use my Virginia tax dollars to deny my access to health care benefits that would have been mine except for pre-existing conditions.

Posted by: BullRunMountain4Me | March 23, 2010 5:38 PM | Report abuse

Whether you like them or not (and I decidedly do not), whether you respect their motives or not (and I decidedly do not), they will win. The question is whether the courts tossing the mandate -- which is as inevitable as the next sunrise -- will bring down the whole bill.

Posted by: Godfather_of_Goals | March 23, 2010 5:43 PM | Report abuse

Republicans are just sore losers even though they threw down the gauntlet.

Demented meets defeat at Waterloo.

There is no doubt though that the passage of this bill into law will make the Republican Party a permanent minority party for decades.

Posted by: Maddogg | March 23, 2010 5:44 PM | Report abuse

God Bless Cuccinelli.. I Love this guy!!!

Future Governor of Virginia, w00t w00t.
Stick it to them Cuccinelli, don't let the
Feds steamroll Virginia.

Posted by: AlbyVA | March 23, 2010 5:45 PM | Report abuse

I've lived in VA for over ten years now. I had an epiphany one day regarding which state was my home state, even though I had never consciously made the comparison. It came some time ago when I was struck by my own response to the question, "Where are you from?" I replied, "I'm from Virginia." I realized it was the first time I had said the words, that they weren't immediately followed by, "But I was born in Maryland."

I love my new home in Virginia. I love the area. I plan to be here for a very long time.

However, my first thought after reading of this law suit was, "I live in Virginia, but I was born in Maryland."

Posted by: grantmh | March 23, 2010 5:45 PM | Report abuse

The Republicans are puppets for big money/ big business and they got their walking orders after the health reform bill passed (law suits upon law suits)! Remember Exxon Mobil getting out of paying Alaska for the Valdez spill because of lots of money and lots of law suits over 20 years. This is one of the Republican's M.O.s ..... the "LAW" doesn't apply to them as it does to other Americans. Their BIG joke line for years is "Justice Prevails", because when they do something illegal, they take it to court with big money and pay off the judge to get off! Another joke line for the Republicans is "Texas Justice", if you are in the right group of people the law doesn't apply to you! Everyone else is a sucker!
Democrats Care!
Republicans Don't!

Posted by: lunetrick | March 23, 2010 5:45 PM | Report abuse

However, my first thought after reading of this law suit was, "I live in Virginia, but I was born in Maryland."

Posted by: grantmh
-----


Then go back to Maryland with its swelling population of Socialist and Homosexuals.

Posted by: AlbyVA | March 23, 2010 5:47 PM | Report abuse

so...

i agree that public health care should exist, and it should be made available to all.

However, I also agree that this lawsuit might have merit, and it should be brought before the supreme court to decide.

Someone mentioned that the argument claims that a citizen is not a person. That is a misreading of the argument. The argument claims that being a citizen is not the same as being involved in interstate commerce.

In other words A is not equal to C. Which may infact be true, but it needs to be determined by the court, and I am fine with that process.

Personally I don't like the idea of being required to buy health ins. Without the health care industry being required to make some major reforms.

Posted by: gconrads | March 23, 2010 5:49 PM | Report abuse

Rate Obama for CBS News!
Here is your chance.


Everyone should get a shot at this. Takes all of fifteen seconds and that is if you take a look at his current stats.
Great! Wow!!

First, it's hard to believe that CBS is actually doing this.

Second, that they're brave, and honest enough to actualy show the ongoing polling results.

Take the poll yourself and when you submit your grading of how he is handling the top issues, a second page will come up showing you the current results of how America is voting. Please note, this isn't Fox doing this. This is mostly people who watch CBS. That's telling.

DO THIS !!!!!!!!!!!!!!!!!!!!!!! and pass it on.

This is a CBS poll on Obama's first year performance....

Here's your chance to grade Barack Obama!

Please forward this to your Friends !!!!

http://www.cbsnews.com/blogs/2010/01/19/politics/politicalhotsheet/entry6116297.shtml?tag=


Posted by: AJAX2 | March 23, 2010 5:50 PM | Report abuse

I do agree the Republican Party not always has the suitable politicians or enough defenders of the Constitution to maintain a reliable path to liberty. Only Constitutionalists do! In a video, Sen. McCain a Republican is heard saying that he is confident that the people of Arizona will “…judge me not on what I’ve done to them, but what they think I can do for them. ” Most politicians who have spent as many years in the U.S. Senate as McCain has would be expected to run on their record – not their potential. A fresh breed of respectable country loving Americans, Democrats, Republicans, Independents, Libertarians and Patriots, all Constitutionalists pro middle-class, are the response to action for taking back local and Federal Government from bossy bureaucrats!
However, penalties must be impose for those violator of the Constitution and their oath of office. Wherefore, vigorous consequences this historic document becomes void. Proven by the anti-middle class Republican Tarp and the so label Democrat Stimulus Bill
History demonstrates that anti-plutocratic struggles are not, the best path to Democrat or Republican socialism, but surely the only way to transfer the Republic to an egotistical Dictator. With a heavy exposure to competition, free market solutions are best, to increase employment and investments, bringing down prices and improving standards. In addition, without political manipulations of the citizenry and blurring of the Constitution. Poverty diminishes and the middle-class prospers, however, elitist Democrat or Republican socialism expands poverty and ruin liberties for all.

Posted by: ruizfernando5 | March 23, 2010 5:51 PM | Report abuse

A.G. Cuccinelli must keep to his avowed priorities. Before he sues the Feds over the health bill, he must first complete his investigation of President Obama's place of birth. Since he will be the only person interested in that issue, he should get started on it now. The health bill will have to wait.

Posted by: jbhopewell | March 23, 2010 5:51 PM | Report abuse

What a relief that all of Virginia's criminals have been convicted and legal problems solved! Thank goodness Mr. C lives in such a paradise that he has the spare time to spend VA tax dollars to build his political resume. Truly, I live in a paradise.

Posted by: shorthope | March 23, 2010 5:51 PM | Report abuse

This Bill marks the beginning of the end of the Democrat Party. So long suckers...

Posted by: AlbyVA | March 23, 2010 5:52 PM | Report abuse

However, my first thought after reading of this law suit was, "I live in Virginia, but I was born in Maryland."

Posted by: grantmh
-----


Then go back to Maryland with its swelling population of Socialist and Homosexuals.

-------


See what I mean?

Posted by: grantmh | March 23, 2010 5:53 PM | Report abuse

Ken Cuccinelli has a very high opinion of himself. I'm sure he has dreams of beating his buddy McDonnell to the White House. I'm thinking what he truly wants is to be the next Jefferson Davis. Go ahead Mr. Cooch, legislate to put the ladies and the folk not as white as you back in their place. Judging by the recent voting record down here in Old Virginny there must be lot's of poor folk willing to walk away from decent healthcare and a living wage.

Posted by: fabricmaven1 | March 23, 2010 5:54 PM | Report abuse

It is interesting to see the comments here compared to comments in the Washington Times. 7 other states are also going to either sue or be file in support of this law suit. Overall, 38 states may be involved because of the costs that states will be forced to incur.

Posted by: jwkopp2004 | March 23, 2010 5:55 PM | Report abuse

Wow, 13 AG's who are clueless about the law. This was settled in 1944 by the SC who ruled Congress has the authoirity to regulate insurance under the Commerce clause. Hence the need for the McClarrin-Ferguson act. Guess conservatives only think things are constitutional when they like them.

Posted by: kchses1 | March 23, 2010 5:56 PM | Report abuse

To all Conservatives, Republicans, Independents and Tea Party Members.

This is easily defeated in unity.

It is time to throw the tea (Health Care Insurance Policies with Insurance companies) overboard.

The Tea is the insurance companies' policies, not the Senate Bill (HR 3590).

The Senate Bill is a mandate to buy the tea (H.C. Insurance Polices) against our individual rights, but the
tea is the insurance policies.

It is time for all healthy conservatives and Tea Party members to throw out their insurance polices.

If we have a large portion of American public, that are healthy at the moment,
throwing out their insurance policies, in other words boycotting the insurance companies, then it will bring the insurance companies to their knees.

Conservatives and Tea Baggers with health conditions should stay on their polices to
help choke the system.

With the Healthy buyers throwing out their plans, and the unhealthy buyers keeping their plans, the Insurance companies will starve, as they need the money from healthy customers to pay for the unhealthy customer policies.

Also, since we know that the liberal buyers will continue to use their polices it will cause a great drain on the system.

The Insurance Companies will have no choice but to deal with the consumers and petition the government to listen to the consumers.

The (HR 3590) mandate does not go into effect until 2013 so we have some time to choke the awful grip of Senate Bill (HR 3590) mandate(the teeth of the bill) before it goes into effect.

All state governments should sue the Federal government for this unconstitutional mandate,
as well, we need the courts involved quickly.

Throw the tea overboard, petition the courts, thus peaceful resistance.

Posted by: kwoods2 | March 23, 2010 5:58 PM | Report abuse

@AlbyVA - What do Maryland homosexuals have to do with anything? What kind of simpleton throws that out as a rebuttal?

Your lack of comprehension is showing.

Posted by: gconrads | March 23, 2010 5:58 PM | Report abuse

I voted for Obama but reading some of this legislation is scary...downright Orwellian. I'd read it and see for yourselves. I read 'force' instead of 'protect' in what I've read so far.

This is not good...

Posted by: kahlua87 | March 23, 2010 6:03 PM | Report abuse

When the politically-motivated AGs are reminded of the supremacy clause, why don't they put their money where their mouths are and let Virginians vote with their pocketbooks?

If the Commonwealth of Virginia still wants to "protect" its people, the Governor and the AG could agree to pay the federal tax penalty for all those Virginians who wish to escape this new "tyranny." This could be a reimbursable state tax credit for "patriots."

For future reference, it may be necessary to include many more words in quotations, such as "tyranny" and "fascism" because apparently they have given a completely new definition to these words - so much for public education. Who knew the Texas Curriculum Committee had released a new dictionary...

Posted by: demostheneswashdc | March 23, 2010 6:05 PM | Report abuse

kchses1 wrote:

Wow, 13 AG's who are clueless about the law. This was settled in 1944 by the SC who ruled Congress has the authoirity to regulate insurance under the Commerce clause. Hence the need for the McClarrin-Ferguson act. Guess conservatives only think things are constitutional when they like them.
___________________________________________________
Yes "to regulate insurance under the Commerce clause" not to force people to buy insurance.

Posted by: kwoods2 | March 23, 2010 6:07 PM | Report abuse

No doubt the right wing is counting on another bit of judicial activism by Supreme Court Justices such as Scalia and Thomas to undo what the Republicans couldn't prevent at the ballot box.

Given the record of the extreme conservatives on this Supreme Court, I wouldn't put it past them to perpetuate some kind of judicial outrage.

Posted by: nickcw | March 23, 2010 6:10 PM | Report abuse

My My!! Why would anyone get so exercised about challenging the constitutionality of a law? Perhaps they feel a little insecure after watching the Keystone Kops process to get an unpopular, costly, and ill-conceived piece of complexity get through the Congress. I have lost all respect for the Democrat led Congress and would be more than willing to take my chances with the Supreme Court.

The dialogue also provides a graphic example of how lacking our education system is in basic history and civics.

Posted by: 15of18 | March 23, 2010 6:17 PM | Report abuse

Although I think there's some merit to the lawsuit, it's really up to the courts to determine. Let's be clear: legislation that compels people to buy a certain product from only certain companies (which are monopolies exempt from anti-trust) IS unusual.

There may be other legal issues down the road (the mandate doesn't take effect until 2014). If those who can't afford insurance are unable to pay up front as they wait for tax credits in 2015, or otherwise can't pay while waiting for subsidies, a case could be made that fining them for being poor is perhaps cruel and unusual punishment.

I guess we're just going to have to see how this all comes down.

Posted by: bluicebank | March 23, 2010 6:19 PM | Report abuse

If the lawsuit is about intrusion of constitutional right where were these people when the previou administartion decided that warrantless wiretaps and phishing through citizens electronic, phone, and banking records. This was, and remains such an egregios violation of the constitution that the former administration insisted congress pass legislation shielding telecommunication companies from lawsuits stemming from thier participation. Talk about totalitarianism.

Posted by: jmdziuban1 | March 23, 2010 6:20 PM | Report abuse

If you choose to fly on an airplane, the government requires you to fly one that is FAA approved for safety. You don't have the option to take your chances.

If you choose to sit in a movie theater, the government requires you to sit in one with adequate fire exits. You can't pay a little less and watch a film in a firetrap.

If you choose to earn income, you must buy health insurance.


Posted by: blasmaic | March 23, 2010 6:22 PM | Report abuse

My! My! why would anyone be so exercised over a challenge of the constitutionality of a very complex and unpopular piece of legislation? Perhaps it because the commentors are insecure about the prospects of a court challenge.

People should not be surprised that the so-called law is being challenged by Virginia and a host of other states. Just the keystone kops approach that the Democratic leaders used to get barely enough democratic votes should be enough to consider a challenge.

Since I have little or no respect remaining for the Democrat led Congress I am more than willing to support a court challenge.

Posted by: 15of18 | March 23, 2010 6:24 PM | Report abuse

nickcw wrote:

"No doubt the right wing is counting on another bit of judicial activism by Supreme Court Justices such as Scalia and Thomas to undo what the Republicans couldn't prevent at the ballot box.

Given the record of the extreme conservatives on this Supreme Court, I wouldn't put it past them to perpetuate some kind of judicial outrage."
_________________________________________________
Judicial activist nothing per City of Los Angeles v. Lyons, 461 U.S. 95, 111 (1983) (quoting O'Shea v. Littleton, 414 U.S. 488, 502 (1974)

Declaratory and injunctive relief is appropriate and is available for Plaintiffs, as a tool of the Court to protect Plaintiffs from future abridgment of their rights.

Plaintiffs show a "real" or "immediate" threat to their rights being further abridged and that a substantial and immediate irreparable injury exists, See City of Los Angeles v. Lyons, 461 U.S. 95, 111 (1983) (quoting O'Shea v. Littleton, 414 U.S. 488, 502 (1974) that Plaintiffs' suit is not premature.

Posted by: kwoods2 | March 23, 2010 6:28 PM | Report abuse

Ah, those activist judges.

Posted by: jpk1 | March 23, 2010 6:29 PM | Report abuse

Cuccinelli is such an arrogant geek. He didn't want to soil his prissy hands by joining with the other misguided AGs from other states. He wants all the glory. All he'll get is all the embarrassment.

Posted by: johnhouse | March 23, 2010 6:33 PM | Report abuse

Someone commented that the bill was passed by "a small partisan majority against the objections of a large bi-partisan minority."

Guess majority rule isn't sufficient anymore.

Posted by: ShooterFlack | March 23, 2010 6:34 PM | Report abuse

More political posturing for the extremists.

None of these challenges stand a chance.

Only those who have been spoon-fed the Faux-news sound bites about the health care bill think these cases have a possibility of success.

So, go ahead, and waste more taxpayer money. I'm sure that will get the tea-baggers lots more votes.

Posted by: topwriter | March 23, 2010 6:44 PM | Report abuse

VA. "IMPEACH" your Governor and that MORON of an Atty. General.

If you let these CLOWNS waste your TAX PAYERS Money, did your State deserves these Reichwing BUFFOONS.

Posted by: austininc4 | March 23, 2010 6:47 PM | Report abuse

All right Wingers, answer me this: If one of the big problems with the Health Care Reform Bill is that it was "too partisan," why is it okay that all these lawsuits are being filed by REPUBLICAN State Officials?

It would seem to me that all the State lawsuits are COMPLETELY PARTISAN.

Why aren't you all complaining about that?

Posted by: rebeccajm | March 23, 2010 6:47 PM | Report abuse

I find all of this anger about Virginia and other states filing suit comical. In reading the health care bill and the changes added to the bill by the house that they passed are not really good for all of the people they were elected to represent. Most of the bill does not go into affect until 2014, companies can still deny/raise until then. More agencies get your private/medical information to keep for statistical reporting purposes to another federally appointed commission, to report to the HHS Secretary to see if it is working properly/efficiently. Also in this bill is a take-over of student loans for college (is that really health care?) to free more money for grants to low income students. Also in this bill states will be given larger sums of money for Medicade for the first few years then that money goes away (your taxes will go up to help pay for this). People who don't have insurance now use emergency rooms for care (your tax dollars already pay for this). With so many people out of work (looking for jobs) does the government really need to own banks, car companies, health insurance, with our tax dollars. There is nothing for free we as American citizens pay more in taxes up front for a bill that does not go into affect entirely for 4-6 years.

Posted by: mhkelley6 | March 23, 2010 6:53 PM | Report abuse

Let me see... More than 70% of Americans DID NOT want this bill passed. More than 85% of Americans believe that Congress is pushing this country's economy off a cliff, and into a major melt down. People crowded the streets, town hall meetings and jammed Congessional phone lines in demonstrations of OPPOSITION to this bill. But, the politically rabid Democrats were determined to do what the Nation did not want. Obama flew all over the country, wasting money, selling a bill nobody but the Unions wants. The economy has languished and nothing has gotten done to make it better.I would say it is time to take it to Court. It deserves a hearing more than whether some girl can attend her Prom, dressed like a man, with her girlfriend. Or some of the other tripe the Liberal Left brings before the Court.

Posted by: HDVet | March 23, 2010 6:56 PM | Report abuse

This is an amazing thread. It is like reading about yesterdays ball game. Sore losers, ungracious winners This is no game. Your rights and liberties are being eroded. People, there is no difference in the political parties. They all feed at the same trough, they get their photo ops in different venues, and publicly blow each other up, but at the end of the day they all go to the country club together. Healthcare should be fixed. When government gets involved, everything becomes a money pit. This bill is the opening salvo of a non representative government. Our "representatives" obviously do not represent the people.Back door deals, after hour promises and lies. This bill is not what the majority of the nations people wanted, it is what the politicians wanted to hoist upon you. If you don't love the right to life, liberty and the pursuit of happiness this bill is for you. I don't know what it is going to take to enrage the people enough to march on Washington with pitchforks and torches if this doesn't.

Posted by: svengerald | March 23, 2010 6:58 PM | Report abuse

Way to go Ken Cuccinelli! I hope this Bill goes to the Supreme Court and gets canned.

Posted by: LATREUTER | March 23, 2010 7:00 PM | Report abuse

Here are our Elite owned Thin air money printed banking cartel controlled elected officials on film pontificating as if they are reading from a script:

http://funy1.blogspot.com/2010/03/house-has-dignity.html

Posted by: orionquest | March 23, 2010 7:01 PM | Report abuse

It may well be that a court could find this bill unconstitutional. But if they did so, and if they were intellectually-honest, they would also have to find Medicare and Social Security unconstitutional under the same rationale. I don't think that's something the Supreme Court would do, so maybe they'll leave this law alone. But then again, they may find some Scalia-like tortured logic to void the bill. There are people who would certainly do so on the court, other than Scalia, rather than just view the matter dispassionately. But I don't think that Roberts would be one of them, so maybe there's hope that the Court is not quite as conservative as the zealots might hope.

Posted by: stillaliberal | March 23, 2010 7:01 PM | Report abuse

Virginia might as well secede.

Posted by: jade_7243 | March 23, 2010 7:01 PM | Report abuse

I hope Mr. Cuccinelli is prepared to pay for this frivolous legal scheme. I as a taxpayer aim to make it my duty to insure that I do not bear any financial responsibility for his political action.

Posted by: testerling | March 23, 2010 7:04 PM | Report abuse

Cancel the requirement for auto insurance!

It's too expensive and I don't need it.

Posted by: builder701 | March 23, 2010 7:08 PM | Report abuse

The following rulings have been put into place to protect Our Constitution and thereby protecting us and Our Freedom of Choice -


"All laws which are repugnant to the Constitution are null and void." Marbury vs. Madison

"An Unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed." Norton vs. Shelby County

"No one is bound to obey an Unconstitutinal law and no courts are bound to enforce it." 16 Am Jur 2d, Sec 177 late 2d. Sec 256

"Where rights secured by the Constitution are involved, there can be no rule making or legislaion which would abrogate them." Miranda vs. Arizona


Posted by: AJAX2 | March 23, 2010 7:08 PM | Report abuse

My state's AG is also wasting state money in joining in another lawsuit. Really what we need when the state is cutting education and health care!

Posted by: gtinla | March 23, 2010 7:11 PM | Report abuse

"""If there was any valid constitutional challenge it would have been used during the passing of the bill. There is no mandate to buy insurance, there is a tax being audited by I.R.S. that gets waived for having insurance, religious objections to insurance (waiver given) or being a very low earner."""

It is a mandate not a tax. If it was a tax it would go to the government not to insurance companies. It does not contain a refund. It gives tax credits if someone qualifies but not refunds.

""" The commerce clause challenge does not work when insurance pools are only in individual states. I believe the Dems have covered all bases concerning constitutional challenge."""

Although insurance companies must by law offer insurance per state, they often sell in more than one state thus fall under the commerce clause.

""" VA's recent executive order on the other hand allowing discrimination against gays looks to this American as a violation of the Matthew Sheppard act recently passed."""

His order dis not allow discrimination, it only said that state schools could not enact and enforce rules and regulations regarding discrimination not enacted by the legislature.

Posted by: jameschirico | March 23, 2010 5:00 PM

Posted by: rchayes | March 23, 2010 7:14 PM | Report abuse

This is what we can expect in Virginia from our extreme right AG -- Ken Cuccinello. If he had his way we'd be back to chastity belts for single women, burning at the stake for those guilty of free thought, and God help you if you're gay or desire sex education. He'll waste our time and money on his causes -- none of which have a thing to do with anything other than his ideology.

Posted by: Freethotlib | March 23, 2010 7:15 PM | Report abuse

It's about time that states start standing up and telling the federal government to pound sand. For well over 100 years, congress has been exceeding its mandate as stated in Article 1 Section 8 of the US Constitution. States should have been doing this a long time ago. If they had, maybe we wouldn't be in the situation we are in today.

The federal government needs to understand that it has no power, aside that which is given it by the states and more so, the people. The federal government also has no money that is not provided by the people. Washington DC politicians need to be reminded, rudely, that they serve at tthe pleasure of We the People. Maybe over 30 states standing up to Washington over this monstrosity of a bill will get their attention. It's a good start. A little late, but a good start. Like I said, this should have started a long time ago.

Posted by: tucasfacious | March 23, 2010 7:16 PM | Report abuse

14 States have files against theis Socialist ditate so far and another 24 are considering it! The States are stnding up to the this socialist expansion into their states - looks like Obama and his Democratic party lackies again look the fool!

Posted by: Realist20 | March 23, 2010 7:18 PM | Report abuse

"""Cancel the requirement for auto insurance!

It's too expensive and I don't need it.

Posted by: builder701 | March 23, 2010 7:08 PM"""

Easy, don't drive. There, no need for insurance

Posted by: rchayes | March 23, 2010 7:22 PM | Report abuse

Time for some of that tort reform the Repubs are ranting about. Why are they wasting taxpayers dollars to take away health care from people who need it? Time to vote the rest of them out of office!!!

Ever notice that the ones that yell about lawsuits the most are the first to file a lawsuit when they're unhappy?

Unholy Hypocrites!

Posted by: MNUSA | March 23, 2010 7:23 PM | Report abuse

"By the way, everybody seems to forget that the "mandate" was a Republican idea cooked up by Mitt Romney."

----------------------

But that was when Mitt described himself as "more liberal than Ted Kennedy" (when he was running for governor in a liberal state).

At least half the folks on the Rep side of the aisle know there's some good stuff in the new law, and could get behind it. But their terrified of their party if they do the right thing. And these guys want Obama to fail at any and all cost, even if it drags the country down with them.

To the folks who complain about the cost of the new law, read the latest report from the CBO on it, THEN opine.

To those complaining about the President not understanding the constitution, maybe W could tutor him. W was a shining scholar of the document.

The Administration's on solid legal ground if you look at Commerce's history at the Supreme Court in the last 70 years or so. This is state taxpayer $$ down the rat hole. And even if they do succeed in 2-3 years, no one's gonna want to give up their bennies!

Posted by: jdarby21 | March 23, 2010 7:27 PM | Report abuse

I have no fear that the result of our experiment will be that men may be trusted to govern themselves without a master.
Thomas Jefferson I am sorry that Republican Bush as well as Democrat Obama proofed Jefferson’s pride in Americans incorrect!

Posted by: ruizfernando5 | March 23, 2010 7:27 PM | Report abuse

This is like the Moton School (1955) all over again. Maybe the state should also pass a law requiring that no one gets sick.
http://motonmuseum.com/History/HistoricalBackground/HistoricalBackground7/tabid/83/Default.aspx

Posted by: FaroutDC | March 23, 2010 7:28 PM | Report abuse

With passage of this legislation into law real American's have taken their country back.

Posted by: Maddogg | March 23, 2010 7:29 PM | Report abuse

Isn't it comforting to know Republicans would rather spend their time and money trying to deny up to 80 million Americans access to health care? Add in those racial slurs, homophobic epithets, hate-slinging, rabble-rousing, open violence in Arizona and threats of revenge.

Where did the right go so wrong? When did they trade in their avowed values and patriotism for mob rule, chaos and anarchy?

The fat, cigar-smoking, French wine swilling, bigoted, convicted drug user actually called 219 Democratic Congress men bastards. Once again I ask, when did the right turn to the dark side?

Was it Watergate?

Was in Reagan's refusal to support the Equal Rights Amendment even before accepting the nomination in 1980?

Was it when right-wingers started gunning down doctors or bombing family planning clinics in Birmingham?

Maybe it was the day Tom DeLay and his mob decided to bring down a Presidency as revenge for the Nixon resignation.

Possibly it was Gingrich's Contract On America and the storm of lies that hasn't stopped covering up all the damage that caused the country?

Or was it 43's and Cheney's lies used to start a "holy crusade" after oil?

Karl Rove predicted the end of a political party not ten years ago. He may have been correct in that prediction. But it sure as heck wasn't the party he thought.

It must really be embarrassing to be a Republican. Doubly so to be a bigoted, uninformed teabagger. So much hate and ready to blow...

Posted by: BigTrees | March 23, 2010 7:31 PM | Report abuse

Federal law, over-rides state law,therefore the challenge will be defeated at a cost to the tax payers of Virginia

Posted by: judyterry | March 23, 2010 7:31 PM | Report abuse

"14 States have files against theis Socialist ditate so far"

And 13 have far right AGs. Political hacks. The other (LA) was probably ordered to do so by the Rep Gov. And wait till the folks running against them next (for those elected) let the voters know how much $$ they squandered on this adventure.

"and another 24 are considering it!"

I'm "considering" asking Julia Roberts out, but will probably never get to it.

Posted by: jdarby21 | March 23, 2010 7:35 PM | Report abuse

Good productive and useful way to spend those tax dollars Virginia, boy you guys are brilliant just brilliant. But one thing I thought Conservatives thougth tying up the Courts with trivial lawsuits was a waste of tax dollars, is there a double standard here cause it sure isn't consistant or logical. And one other thing when is that subway to Tysons Corner suppose to be built?
=================

If this suit is successful, it could result in Nancy Pelosi being impeached for High Crimes and Misdemeanors, because she had repeatedly, and officially, warned that several provisions of Obamacare were potentially unconstitutional, but she refused to have them reviewed by House Council.

Now, wouldn't that be a shame?

Posted by: mike85 | March 23, 2010 7:36 PM | Report abuse

The reps will obstruct progress in any way at every chance they can,but they better know the majority of the people now are in favor of the bill and they better know the people will fight them every step of the way to keep this HCR bill which is now the law of the land.They shouldent be wasting the tax payers money when they cant win.You LOST reps get the h*** use to it.

Posted by: smorrow | March 23, 2010 7:37 PM | Report abuse

http://en.wikipedia.org/wiki/Massive_resistance

Massive resistance was a policy declared by U.S. Senator Harry F. Byrd, Sr. on February 24, 1956 to unite other white politicians and leaders in Virginia in a campaign of new state laws and policies to prevent public school desegregation after the Brown v. Board of Education Supreme Court decision in 1954. Although most of the laws created to implement Massive Resistance were negated by state and federal courts by January 1960, some policies and effects of the campaign against integrated public schools continued in Virginia for many more years.

Posted by: mike_midwest | March 23, 2010 7:37 PM | Report abuse

Here's an idea to help pay for health care for those who have been denied. Since the misinformed right-wingers don't want the same level of health care as Belarus and Latvia let them keep what they have, along with the 10% increase in premium costs the insurance companies have already announced. That way we all win. The needy and deserving, a group of people Republicans consider disposable even if right-wingers make up most of those 50-80 million, get their health care and the righties get to pay for it. Everyone is happy.

Posted by: BigTrees | March 23, 2010 7:39 PM | Report abuse

A real BUMMER for BONER

Posted by: Bronski | March 23, 2010 7:39 PM | Report abuse

And thus the Republican Party Death Sprial continues.

Posted by: notthatdum | March 23, 2010 7:42 PM | Report abuse

Can't wait for this case to be thrown out and the health care law's provisions to be upheld. Thanks, AG Cuccinelli, for verifying that the law is sound and passes constitutional muster.

Posted by: sirkanosugrad | March 23, 2010 7:43 PM | Report abuse

ruizfernando5 "I am sorry that Republican Bush as well as Democrat Obama proofed Jefferson’s pride in Americans incorrect!"

My friend, this goes back much, much further than Bush. The politicians have found a great deal. That position was never intended to be a career. But we digress....The idea that finally the people, via the states, are challenging the usurpations of this federal government grown monsterous is refreshing. This is not only about the "health care" bill. For decades, over a century, the federal government has been overstepping its enumerated powers. This has been a long time coming. The "health care" bill (which is not about health care) is just the latest in over 100 years of intrusive legislation by the federal government. Kudos to the states that will stand for THEIR citizens. This is the United States of America not the United federal government of America. States is the operative word.

Posted by: tucasfacious | March 23, 2010 7:46 PM | Report abuse

When a Republican Congress, at the request of a Republican Congress, passed legislation that shaped the education process in every school district in the United States there were no law suits. What is "unconstitutional" about this bill is that it was sponsored and passed by Democrats. Now the Republicans can ask activist conservative judges to overrule the people's representatives and make law. Being hypocritical sure makes life easy.

Posted by: fcodispoti | March 23, 2010 7:48 PM | Report abuse

When a Republican Congress, at the request of a Republican President, passed legislation that shaped the education process in every school district in the United States there were no law suits. What is "unconstitutional" about this bill is that it was sponsored and passed by Democrats. Now the Republicans can ask activist conservative judges to overrule the people's representatives and make law. Being hypocritical sure makes life easy.

Posted by: fcodispoti | March 23, 2010 7:49 PM | Report abuse

He wasn't elected to the office to peacock about Richmond, but this is a guy who's fairly morally bankrupt. Because that's the case I expected him to act more like a flaming a-hole than I did a public servant. So far he has yet to disappoint that expectation.

Posted by: Nymous | March 23, 2010 7:50 PM | Report abuse

It's entirely possible the mandate could be struck down, but that is only a small (albeit, important) part of the whole HCR bill.

Think about what happens if it's removed...HCR will go on, but now somebody else will have to pay for it....

Posted by: mikem1 | March 23, 2010 7:53 PM | Report abuse

"And thus the Republican Party Death Sprial continues."

------------------

That was my first thought when I heard about about the 13 Rep AGs suing (including the guy in my state, WA, whom I voted for twice--never again). Obama and Co. have outmaneuvered them at every turn, yet they continue to shoot themselves in the foot. It's kind of like when a person gets SO angry, they lose judgment, and the edge.

How're you Obama haters liking his "lack of experience" now (or as Palin said last saturday, "he's in over his head")?

Posted by: jdarby21 | March 23, 2010 7:57 PM | Report abuse

There are so many reasons to file suit on this Obamacare Marx Madness... Virginia has a strong case and it is extremely likely their position will be validated by the Supreme Court on an expedited basis.

The other States argument is also very valid. Maybe Democrats should have actually posted the bill online, let people read it and allow debate on CSpan like Candidate Obama promised he would rather than cram it through in the dark of night with extortion and bribes the primary mecahnism for passage. Can you say transparency? Apparently obama never meant it when he claimed he would pursue such. Does he mean it when he says this "healthcare bill" will save money. Not even he believes that lie.

Do you think?

Posted by: Obama_TRAITOR_in_Chief | March 23, 2010 7:58 PM | Report abuse

Don't these states have anything to do? How come they are not working to reduce unemployment? All the money that could be used for employment is being wasted on frivilous lawsuits.

Posted by: Maddogg | March 23, 2010 7:59 PM | Report abuse

Why do you libs hate your fellow Americans so much? To see this level of vitriol being spewed, one would normally have to visit the Daily Kos or the DU. I have never seen so much partisan hackery in one place.

I really believe that Beelzebub himself could run for office and libs would vote for him, as long as there was a (D) after his name.

Your country is in distress. The "health care" bill is just a very small part of it. This party over country attitude and hatreed of your fellow citizens is very sad.

Posted by: tucasfacious | March 23, 2010 8:00 PM | Report abuse

This AG is wasting thousands of dollars of taxpayers money to try to stop health insurance. It's not just the filing fee, but the salary paid the AG that is being wasted!

Posted by: magnifco1000 | March 23, 2010 8:06 PM | Report abuse

"It's entirely possible the mandate could be struck down, but that is only a small (albeit, important) part of the whole HCR bill."

----------------

That was my first thought when I heard our AG on the radio today defending his decision. He said it's a minor part of the bill, and the benefits would still flow. I figured that made sense, and cooled off (more than a rabid rightie would do).

Then the Governor was interviewed (WA state), and explained why the individual mandate was the cornerstone. W/O it, the whole thing unravels with the elimination of pooled risk. Everyone loses interest (esp the Ins Companies), enforcement of key provisions go by the wayside.

Our governor is the former AG; she felt this lawsuit is a lost cause. And she pointed out that even if it eventually prevails (2-4 years from now) everyone's gonna be loving their new benefits, and be loathe to give 'em up (like the teabagger last year photographed last year with the sign "government keep your hands off my Medicare!)

Posted by: jdarby21 | March 23, 2010 8:08 PM | Report abuse

To all of you who are thankful that you FINALLY have access to health care.....where have you been living, Saturn? Everyone has access to health care. Oh, you mean that you finally have access to someone else paying for your health care.....well that's different.

"The democracy will cease to exist when you take away from those who are willing to work and give to those who would not."
Thomas Jefferson

Posted by: tucasfacious | March 23, 2010 8:10 PM | Report abuse

These Republicans are such whiny little protesters. They can't get their way at the ballot box, so they jump up and down, carrying "freedom" signs all over the place. You just gotta laugh at these folks, but with that said, I am coming to vote strong in favor of Dems for standing up and doing something right, despite all noise from the cheap seats.

Posted by: GoHuskies2004 | March 23, 2010 8:11 PM | Report abuse

"The democracy will cease to exist when you take away from those who are willing to work and give to those who would not."
Thomas Jefferson

--------------------------

Very classy. Fake Jefferson "quotes". Very classy.

Posted by: jdarby21 | March 23, 2010 8:14 PM | Report abuse

Does anyone know if the Virginia constitution has a provision for recalling the AG? This is a super waste of our tax money for political gains. Let's recall the AG.

Posted by: Danbauchi1 | March 23, 2010 8:15 PM | Report abuse

Jefferson also owned slaves, so I'm wondering who was doing all the work around his estate when he was busy writing about hard work.

Get your heads outta your Grand Ol' Holes.

Health Care is the number one cause of bankruptcy in the US.

THAT is wrong. Plain wrong.

Posted by: Thinker_ | March 23, 2010 8:16 PM | Report abuse

These guys are just jockeying for political gain at taxpayer's expense. It should be criminal to do such stupid things -- for Christ sake, a 10th amendment argument in the 21st century?

Anyway, the Republicans have devolved into the party of segregationists, racists, John Birchers, conspiracy theorists, radical evangelicals, homophobes, secessionists and every other kind of whackjob in America. This party should be banned for hate crimes alone.

Posted by: shawncrisp2 | March 23, 2010 8:16 PM | Report abuse

it's why his friends call him kooky for a nickname. ask the kook what he thinks of tort reform and frivolous lawsuits. and who's money is he spending on this ?

Posted by: fix_it | March 23, 2010 8:16 PM | Report abuse

Glad to know the Patriot Act passed without a blink from these same folks.

Way to pick your fights.

Posted by: Thinker_ | March 23, 2010 8:18 PM | Report abuse

Elections have consequences. The FAR right was elected in Virginia. They will decide for us. Cuccinelli may be a bigot, idiot, and a fraud, but Virginia elected him and unless he is recalled, which will not happen, he is the face, along with our Pat Robertson look alike governor, of Virginia. They say welcome to racists, bigots, ignoramuses, homophobic closet cases, and assorted ilk. We asked for it, we got. Democrats put up a useless candidate and then did not come out to vote. So, tough, quit complaining and man up. Virginia is in a race to the bottom with Texas and Texas is wining at the moment....but we have Cuccinelli

Posted by: mjcc1987 | March 23, 2010 8:19 PM | Report abuse

blasmaic wrote:

If you choose to fly on an airplane, the government requires you to fly one that is FAA approved for safety. You don't have the option to take your chances.

If you choose to sit in a movie theater, the government requires you to sit in one with adequate fire exits. You can't pay a little less and watch a film in a firetrap.

If you choose to earn income, you must buy health insurance.

-----------

Actually, the bill will require people to buy insurance if they exist (there are exceptions, such as if you're in prison).

One of the main problems many on the Left have with this bill is it requires people to buy from for-profit monopolies, without an option to buy into Medicare or a public option.

So, far from being a fedgov takeover of healthcare (as the Right asserts), it's a mandate to buy a private sector product. Many view that product as
"junk" and overpriced at that.

In your FAA example, the HC bill is telling people to pay for flight insurance, whether they fly or not, from only certain companies which happen to have a bad track record of actually paying on the policies. Big difference.

Posted by: bluicebank | March 23, 2010 8:20 PM | Report abuse

"Jefferson also owned slaves, so I'm wondering who was doing all the work around his estate when he was busy writing about hard work."

-------------------

Good point, if Jefferson had ever said that. This thread is peppered with fake Jefferson quotes.

Posted by: jdarby21 | March 23, 2010 8:24 PM | Report abuse

Everyone is talking about wasting taxpayers money,dont you understand these are republicans & they wont tax you for this--the will just raise fees on services!

Posted by: jrs6776 | March 23, 2010 8:25 PM | Report abuse

I think this part of Virginia's past is slow to die, but it will. That is, corporate America's influence on our lives. At this point, I welcome government. Who stood up for the little guy when a commercial spokesmen got into an retained office for 8 years (Capitalism, A Love Affair). The movie may be off to the left but I also watch Fox 'news' and still manage generate my own opinions. This is for the poor, others keep paying no attention. Take care all...

Posted by: 510Glen | March 23, 2010 8:28 PM | Report abuse

There's nothing wrong with challenging the constitutionality of this bill. Speaking of lawyers, I can tell you that the lawyers are billing big time (big $$$) hours right now as insurance companies are faced with complying with more federal regulations. Lawyers are not hurting at all here. They just finished billing a ton of hours as ins. companies sought to comply with the American Reinvestment Act aka "stimulus" bill which mandated that people have their COBRA bills subsidized - 65% of the cost of the premium. My point here is that things get messy when the federal government gets involved in private enterprise. Obama was schooled in Indonesia largely. He seems to have missed some of the lessons that I got (in bum *uck Egypt, no less) about the advantages of our system of free enterprise over well...socialism. I even learned about Adam Smith in 4th grade. Under Obama the country will suffer, and it seems he and his cronies have more plans in the works.

Posted by: ConcernedWoman1 | March 23, 2010 8:33 PM | Report abuse

LMAO at you cracks complaining this is a waste of taxpayer money. After Reid, Pelosi rammed through a bill that was never debated in the Senate, And costs taxpayers over $900 billion in only 10 years. And does not control costs for healthcare. And takes away from me for three years before providing anyone with anything.

Yeah, $350, big waste of money.

Posted by: rscott251 | March 23, 2010 8:34 PM | Report abuse

Republican, Democrat, left, right will you people wake up! Your "representatives" in DC don't care about your health. None of this from the so called health care bill back past FDR's New Deal is anything but a gigantic grab for power by your "representatives" in Washington. These clowns don't care about you. If you think that they do, you're deluded.

Career politicians only care about getting elected, staying elected, and how much money and power they can acquire. R-D, crap! They're two sides of the same wooden nickel. They're all the same

So all of you Democrats keep defending your "representatives" and their pet projects and all of you Republicans keep defending yours. Keep on with bovine indifference allowing the federal government to keep building their power base. Let them keep you occupied, keep you distracted. You let them do this and you'll get what you deserve.

I don't care what boneheaded program you all are arguing about. The point is that this is the United STATES of America. It was formed by the several states. The federal government answers to the states and the people. NOT the other way around.

Your "representative" government needs to be reminded of that. That and that little thing called the United States Constitution. You know, that pesky little piece of paper that seems to keep getting in their way. The same Constitution that they took a solemn oath to support and defend.

Posted by: tucasfacious | March 23, 2010 8:35 PM | Report abuse

Being a citizen of Virginia is totally passive.

Sounds easy. Maybe I will move there. No, wait, can't do that. That would be active.

Now I am totally confused. So I guess I'm ready to vote! Passively, of course.

In former Soviet Union, candidate votes for you.

Posted by: pressF1 | March 23, 2010 8:38 PM | Report abuse

Then go back to Maryland with its swelling population of Socialist and Homosexuals.

Posted by: AlbyVA
+++++++++++++++++++++=

I've been asking the conservo-sheep who keep bleating "socialist" to DEFINE "socialist" all week long and so far no one has.

What's the matter? Waiting for Rush to tell you what it means?

Posted by: ceefer66 | March 23, 2010 8:45 PM | Report abuse

States rights died in 1865.Thank your hero "Dishonest" Abe Lincoln for that,scumbag republicans.Shoot a republican today,for a better america tomorrow! Just do it !!

Posted by: hyroller56 | March 23, 2010 8:53 PM | Report abuse

Everyone needs to write to this rat and tell him to stop wasting our money! And we also need to write to the dimwitted legislators and governor that passed a law not requiring people in VA to comply to the mandate.
Talk about overstepping your power! The Commonwealth of VA is now trying to overrule the Federal Gov't! What a pile of ka-ka!

Posted by: phorse | March 23, 2010 8:56 PM | Report abuse

Wow. The bill has been signed, and the war of words goes on.
And the administration is going on the road to 'sell' the new law.
It's an interesting take on democracy: pass the landmark legislation, and then gain the public's support.
Other landmark legislation has had bi-partisan support, reflecting a majority voice of American will. This includes civil rights, which a swelling majority of Americans demanded in the early 1960s, but Congress was slow to enact.
And please child, don't dispute me, I was there. It was the very same Rules Committee that blocked the civil rights legislation, that enabled this reform measure.
This one is different. Congress acted first, without broad citizen support.
It's an interesting difference. One that needs close watching.

Posted by: mtpeaks | March 23, 2010 8:56 PM | Report abuse

History lesson Teabaggers!
In the 1930's many states and the GOP tried to overturn FDR's Social Security Bill....
In the 1960's again many states and the GOP tried to overturn LBJ's Medicare Bill....
How many of you would want to deny Americans either one of these two "government run" programs? Darn few I bet. Godspeed President Obama. Godspeed.

Posted by: logcabin1836 | March 23, 2010 9:00 PM | Report abuse

How is this different from auto insurance? In the great State of -oops, sorry, - Commonwealth of Virginia, you have to have auto insurance to drive, or be part of the uninsured motorist pool. Then, when some uninsured undocumented illegal alien slams his Honda Civic into your Hummer, your insurance company pays for your damage, one way or the other. It's the undocumented uninsured ones monopolizing the emergency rooms that I'm tired of paying for. Please, explain.

Posted by: TheSkepticTank | March 23, 2010 9:02 PM | Report abuse

Good job for the Republican Attorney General from Virginia. File a lawsuit to deny healthcare to 549,000 Virginians currently without any who stand to improve their lives under the new Healthcare Bill. What a worthy cause Mr. Getchell and Mr. Russell.
Did the Congressional Republicans have their own competing bill? Did they work on a healthcare bill when they were in control of Congress from 1994 until 2006?
Answer to Both: NO

Posted by: logcabin1836 | March 23, 2010 9:04 PM | Report abuse


Ken Cuccinelli, the fascist from Va, is looking to position himself to run for national office in November, or 2012. This "lawsuit" is nothing more than political grandstanding.


Posted by: demtse | March 23, 2010 9:06 PM | Report abuse

So is this an example of Tort reform that the “party of no” has been whining about for the last year?

Posted by: dry_heat_2 | March 23, 2010 9:12 PM | Report abuse

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Posted by: nikejordans1 | March 23, 2010 9:13 PM | Report abuse

If you look at the preamble of the constitution it says "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
At the time this was written a Doctors services were generally paid in baked goods, dairy, vegetable or meat products, or for a needed service, like house or wagon repairs. Doctors of that time provided medical care and medicine regardless of a person ability to pay.
Had our founding fathers had the ability to see what this country would become, I truly believe they would have spelled out in more detail exactly what they intended. One phrase in the preamble "promote the general Welfare" makes me believe they intended for this to be a country where people looked after one another, even to the extent of providing healthcare to all.
This is what the phrase "promote the general Welfare" looks like when it is broken down, "support or encourage the overall well-being" overall is defined as relating to or including all or nearly all of the members of a category, group, or whole, well-being is defined as somebody's state or condition with respect to whether he or she is healthy, safe, happy, or prospering.
I do not see where assuring good health in all or nearly all of the citizens of this country goes against our constitution, if anything this is what the constitution says should be done.

Posted by: debraf66 | March 23, 2010 9:14 PM | Report abuse

Who knows how this will turn out? The case will go to a tame, 'conservative' Supreme court which could well decide that individuals can't be required to buy health insurance...and if they write the decision broadly enough, they can overturn medicare at the same time. Or, maybe any other insurance requirement could also be invalidated...say, Social Security, for instance...

Posted by: Socrates2 | March 23, 2010 9:17 PM | Report abuse

So much I could say, but just this for starters -- doesn't "socialism" imply "government program" or "control by government?" Medicare is a government program -- does that mean we've been socialists since its inception? Social Security -- another huge government program in which everyone must participate as wage earners and recipients is another example that's been around for decades. The health care bill does a lot of things and I'm sure isn't perfect, but it mainly requires people and businesses to have health insurance which they'll buy from mostly huge corporations. And this is what opponents decry as "socialism"?

Posted by: timmomd | March 23, 2010 9:18 PM | Report abuse

Posted by: hyroller56 | March 23, 2010 8:53 PM "Shoot a republican today,for a better america tomorrow! Just do it !!"

Be careful what you wish for. Dayum, glad I'm not a Republican. The level of hatred on this blog is really amazing!

Posted by: tucasfacious | March 23, 2010 9:23 PM | Report abuse

This is what happens when friends let friends vote republican. Come on Virginia, we all should have seen this one coming. This attorney general is going to put Virgina back 40 years.

Posted by: ChesapeakeDog | March 23, 2010 9:25 PM | Report abuse

We should fire or get rid of Cuccinelli for infringing on our rights and ability to have affordable health care. This is totally a political fight and I predict severe conservatives losses in the next round of elections

Posted by: ChristopherUVA | March 23, 2010 9:26 PM | Report abuse

Well isn't Virginia's third rate Attorney General special? I hope he has thought hard about erasing the hopes of people getting relief from unfair insurance practices before filing this suit. That's probably wishful thinking. May he fail miserably, lose every future election, and live out his days in deserved obscurity. He is an ambitious, bigoted jerk. Sheriff Clark, meet Attorney General Cuccinelli.

Posted by: karlanne1 | March 23, 2010 9:28 PM | Report abuse

John Brown (May 9, 1800 – December 2, 1859) was an American abolitionist, and folk hero who advocated and practiced armed insurrection as a means to end all slavery. He led the Pottawatomie Massacre in 1856 in Bleeding Kansas and made his name in the unsuccessful raid at Harpers Ferry in 1859.
Brown has been called "the most controversial of all 19th-century Americans."[1] His attempt in 1859 to start a liberation movement among enslaved African Americans in Harpers Ferry, Virginia electrified the nation. He was tried for treason against the state of Virginia, the murder of five proslavery Southerners, and inciting a slave insurrection and was subsequently hanged. Southerners alleged that his rebellion was the tip of the abolitionist iceberg and represented the wishes of the Republican Party. Historians agree that the Harpers Ferry raid in 1859 escalated tensions that, only one year later, led to secession and the American Civil War.

Posted by: NativeCowboy | March 23, 2010 9:31 PM | Report abuse

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Posted by: nikejordans1 | March 23, 2010 9:31 PM | Report abuse

John Brown (May 9, 1800 – December 2, 1859) was an American abolitionist, and folk hero who advocated and practiced armed insurrection as a means to end all slavery. He led the Pottawatomie Massacre in 1856 in Bleeding Kansas and made his name in the unsuccessful raid at Harpers Ferry in 1859.
Brown has been called "the most controversial of all 19th-century Americans."[1] His attempt in 1859 to start a liberation movement among enslaved African Americans in Harpers Ferry, Virginia electrified the nation. He was tried for treason against the state of Virginia, the murder of five proslavery Southerners, and inciting a slave insurrection and was subsequently hanged. Southerners alleged that his rebellion was the tip of the abolitionist iceberg and represented the wishes of the Republican Party. Historians agree that the Harpers Ferry raid in 1859 escalated tensions that, only one year later, led to secession and the American Civil War.

Posted by: NativeCowboy | March 23, 2010 9:32 PM | Report abuse

Our new, bigoted attorney general is a complete publicity-seeking, tax-wasting, hypocrit...I sure didn't vote for him...I think those who did had NO idea how bad how worst case scenerio he'd actually be in AG office.

How idiotic. If he had any principles, even to his own beliefs, he'd just sign on to the lawsuit the AGs in the 12 other states filed, but NOOOOOOOOOOOO he's gotta waste VA tax $ while they're cutting teacher jobs, special education services, transportation infrastructure falls apart, etc etc etc. WHAT a selfish JERK.
Hopefully he's spark a rebellion and get impeached/recalled, whatever.
I should start the petition if it hasn't already been started.

Posted by: sgoewey | March 23, 2010 9:36 PM | Report abuse

There are enough states attourny generals to stop this bongo-obamanation. If that doe'snt work, As soon as the Republican sweep gives us a unstoppable majority in November they will veto this bill before it becomes law. And third, the surpreme court will overturn it because the federal goverment can not force the states to participate in a program there citizens do'nt want.

Posted by: ToddPollard | March 23, 2010 9:37 PM | Report abuse

buffoons! I think I remember these guys in high school. They were the ones who did not study!

Posted by: johng1 | March 23, 2010 9:37 PM | Report abuse

How predictable that the neocons and their corporate masters would run straight for the (conservatively stacked) courts. They are willing to spend no end of taxpayer dollars and see no end of people die to protect their profits. There is a term for this...Un-American.

Posted by: ScottFromOz | March 23, 2010 9:38 PM | Report abuse

There you have it. Virginia has just reaffirmed it's solid position in the (repugnican) Confederacy. They've solidified the North/South, Blue/Red border that is the Potomac river.

While VA is suing the feds over healthcare, suing the EPA, unduing everything Kaine did, and easing the state's already extremely lax gun laws, DC and Maryland are legalizing and recognizing gay marriage respectively. What's next? Suing the Union over losing the Civil War?

In just TWO MONTHS in office McDonnell, Cuccinelli, and friends have started turning Virginia into Mississippi. I can't imagine what the state will look like 4 years from now...

Posted by: TheMarylander | March 23, 2010 9:39 PM | Report abuse

not to mention "our" VA AG is ruining my inner peace and happiness and in famous words of George ALlen "casting aspersians" on the good people of VA...that Obama/Dems in Congress actually DID pass healthcare! yes they can! can't wait to see GOP's strategy fail in Nov as well :)

Posted by: sgoewey | March 23, 2010 9:41 PM | Report abuse

If Medicare is Constitutional, how can ObamaCare not be Constitutional?

Posted by: lohengrin | March 23, 2010 9:49 PM | Report abuse

Then go back to Maryland with its swelling population of Socialist and Homosexuals.

Posted by: AlbyVA | March 23, 2010 5:47 PM | Report abuse

-------------------------------


Yep, Ol' Virginny for ya. Yeah, places like Arlington & Alexandria are pretty progressive, but sadly they pale in number to the ignorant, bigoted NASCAR/trailer-trash types (like Alby here) that live in the rest of the state.

Posted by: TheMarylander | March 23, 2010 9:51 PM | Report abuse

If actual U.S. history was still taught in our schools, a 12 year-old could determine Obamacare is un-Constitutional.

Posted by: clandestinetomcat | March 23, 2010 9:55 PM | Report abuse

Laying aside the sheer stupidity of wasting Virginia taxpayer dollars (and my own state of Pennsylvania's taxpayer dollars because Atty Gen. Tom Corbett has also filed a similar suit), these so-called legal wizards have forgotten one of the basic rules that we all learned in our first year constitutional law course in law school; i.e. the power to tax is the power to destroy.

The power to tax is not dependent on any constitutional provision; it is an inherent right of sovereignty and, as we all know, (except perhaps for some holdouts in the Sons of Confederate Veterans groups), the federal government is a sovereign entity. The health care bill provision in question simply gives you a tax credit for buying the insurance. If you do not, then you have to pay the tax.

The only way to make this law work is to insure that there is a large enough pool of participants. With the largest possible pool of participants, we can provide the greatest amount of coverage for all our citizens.

Posted by: rcairo | March 23, 2010 10:02 PM | Report abuse

Wow, you guys don't have a clue as to what you're talking about despite your claims to being "progressive." You think the constitution is all about giving lawyers to terrorists and requiring gay marriage. It's not. It's the structure of our federal government and, by virtue of that, the structure of how federal power relates to state powers.

The health insurance purchase mandate clearly implicates questions of Congress' enumerated powers, and the states are doing their duties to help maintain powers reserved only to the states.

I'm proud of Virginia. It's so distressing that so many of you know-nothings hold yourselves out as being intellectually superior to those you disagree with. You're not.

Posted by: CaughtInAMosh | March 23, 2010 10:04 PM | Report abuse

As a Virginian of many decades, I cannot say how thrilled I am that our state legislators have stood up at this important time and are fighting to preserve what little freedoms we have left.

People need to know that our Attorney General was hardly acting alone. Virginia House Bill 10, which protects citizens' rights to choose their own health care, passed by an overwhelming majority in the House (80 to 17), and a solid majority in the Senate (23 to 17).

The Attorney General wrote a letter to the U.S. House of Representatives, telling them IN ADVANCE that would be filing this suit, should the HC bill pass. This was no showboating exercise.

I urge everyone to read the actual text of the suit, which is only six pages long. It is very illuminating.

For example, the very principle which Virginia is fighting for in this suit first came before the Supreme Court in 1798. For more than 212 years, the court has held that no act of Congress which forces one person to give their property to another can be considered valid.

The HC bill is attempting to overturn two centuries of established law.

"It is against all reason and justice, for a people to entrust a Legislature with SUCH powers; and therefore, it cannot be presumed that they have done it." Calder vs. Bull, 1798

Posted by: dmarney | March 23, 2010 10:04 PM | Report abuse


I didn't vote for Cuccinelli but I still have to suffer from his stupidity just like I had to when he was my State Senator. The big difference is that the rest of the Commonwealth can suffer with me as he, unrestrained, throws our tax money down the drain in a futile attempt to challenge federal law. What a clown!


Posted by: mortified469 | March 23, 2010 10:05 PM | Report abuse

If actual U.S. history was still taught in our schools, a 12 year-old could determine Obamacare is un-Constitutional.

Posted by: clandestinetomcat

******************************************

Amen to that!

Posted by: CaughtInAMosh | March 23, 2010 10:07 PM | Report abuse

Let me see, the GOP is the party of TORT reform??? They're the party that believes nobody should "never legislate from the bench???" The party that's always balking about lawyers???

So they're using lawyers to file a lawsuit in the hope they get an activist judge that legislates from the bench.

Tell me more about your "principles" GOP...

Posted by: abigsam | March 23, 2010 10:19 PM | Report abuse

dmarney wrote:
For more than 212 years, the court has held that no act of Congress which forces one person to give their property to another can be considered valid.
________

But that's not what's in the reform law. It doesn't force me to give my property to another. It merely says I'll pay a tax if I don't have health care insurance. Will you claim that taxation is an example of my being forced to give my property (money) to others? Well, Congress certainly has the enumerated power to tax.

Posted by: hitpoints | March 23, 2010 10:19 PM | Report abuse

The Pee Party, Racist Right Extremists and the Born Again Idiot Bigots urinating Hate, Ignorance, Intolerance and Stupidity everywhere they go. You know the Flea Baggers are Idiots when they want America to go back to the 17th Century with their stupid triangular hats, open carry guns, old flags and ancient prehistoric ideas from the last millennium. No, Flea Baggers, women don't only belong in the home, but they can compete in the workplace. This is not an Idiotic Islamic retarded Theocracy ruled by Fairy Tale Based Frauds. Women and every person in this country have rights. So, carry your Guns in your Mouth, Pee Brain Idiot Creepy Cowards.

Only Cowards and Criminals need to worship and cling to their Guns, Pro Life Coward Killers.

Isn't it amazing how violent, uncivil, disgusting and disgraceful these Born Again Idiot Bigots can become? They must learn it every Sunday at their Churches of Hypocrisy headed by their Pastor Perverts and Pedophile Priests.

Fart Stupid and the Moron Cons should have been aborted along with the Guns Owned Party of Born Again Bigots, Fairy Tale Based Hypocrite Frauds, Pro Life Mass Murdering Serial Killing War Criminals and the National Right to Annihilate Gun Clinging Cowards. The RetardiCon Party of NOOOOOOOOOOOO are full of Hypocrite Idiot Bigot Cowards.

Posted by: mawt | March 23, 2010 10:19 PM | Report abuse

http://www.youtube.com/watch?v=pilG7PCV448

This exposes the stupidity of these teabagging morons.

Posted by: johng1 | March 23, 2010 10:21 PM | Report abuse

WE CAN'T AFFORD THIS! THE COUNTRY CAN'T AFFORD THIS! THE REPUBLICANS ARE TRYING TO KEEP OBAMA FROM PUSHING THIS NATION OFF A CLIFF! WHAT PART OF "WE CAN'T AFFORD THIS" DO YOU LIBERALS NOT UNDERSTAND? Oh, wait, I'm sorry. You don't understand any of this, because you honestly expect the rest of us to pick up the tab for your healthcare. Well, it's not going to happen! I predict Pelosi will be in prison this time next year!

Posted by: georges2 | March 23, 2010 10:22 PM | Report abuse

It is time for Northern Virginia to create its own sate. We can't live with these idiots from the south anymore.

Posted by: rappahanock | March 23, 2010 10:22 PM | Report abuse

This bill is expected to cost more than 900 billion dollars, but some thrifty folks here resent the $350 spent to check if it it is constitutional. They regard the $350 as a waste of their tax money, even though they have not mentioned whether they live in Virginia in the first place.

A majority of Americans oppose this bill and in a Southern state like Virginia, the majority is likely to be even larger. So what the state is doing is perfectly in order.

As for the bill's merits, other than constitutionality, it is not clear whether it will do good or do harm. Time will tell.

But the argument, "I hate Republicans, so this bill is good" which many are offering, seems to have a logical flaw in it.

Posted by: rohitcuny | March 23, 2010 10:24 PM | Report abuse

Gosh Mr. "Mawt"...you sure sound angry. You gonna be OK? Take a deep breath and let me get ya a Big Red.

Posted by: NativeCowboy | March 23, 2010 10:28 PM | Report abuse

L O O O E R S ! DROP DEAD

Posted by: rappahanock | March 23, 2010 10:30 PM | Report abuse

Ken Cucinelli is perhaps the most embarassing VA politician with any national exposure since US Sen. Bill Scott, repeatedly voted least bright member of congress (I remember a supporter actually writing a letter that proposed that 'Dumb people deserved representation as well!'). The difference is that Ken C knows exactly what he is doing, while Scott rarely had a clue what was going on.
The squandering of scarce tax dollars on a frivolous lawsuit while they're cutting funding for schools, etc., but which serves to forward Cooch's image on the national conservative galaxy of stars is close to treason itself, failing in his clear sworn duty to do what is best for the citizens of Virginia. But I'm sure those who voted for this moron are all in favor of trying to embarass/defeat a popular liberal Democrat by any means (see Bill Clinton/Lewinsky), so they can feel good that fewer of their tax dollars are going to help the poor & underpriveledged but fully supporting the Republican favored businesses like tobacco companies (who ironically impose much greater costs on the health care system). Personally, I'm tired of having part of my health insurane $$$ go to pay for those irresponsible or econimically incapable folks who have no coverage & show up at ERs & drive costs up. If they want to protest their right to not pay for health insurance, let them sign an agreement that we can leave them on the curb when they get sick or injured. I've taken the responsibiity to insure myself & my family for many years, & I'm getting tired of carryiing these 'free riders.' Time to make them step up & be a full partner in our society.

Posted by: vamikey | March 23, 2010 11:01 PM | Report abuse

And BTW, those respondents who are saying that the $ 350 fee is well spent & tiny for the state budget, clearly have no idea of how lawsuits like this work. If you think you can pay a $ 350 fee & go to court without hundreds of lawyer hours at hundreds of $$/hr & have a meaningful lawsuit, you are naive beyond help. If the state pursues this action, hundreds of thousands & perhaps millions of dollars in attorney fees will be incurred. Frankly, I'd a lot rather see that money spent on the schools, libraries & universities than on furthering Ken Cucinelli's personal political agenda. Frankly, VA taxpayers should be outraged.

Posted by: vamikey | March 23, 2010 11:21 PM | Report abuse

For all those that think the GOP is serious about the individual mandate being unconstitutional just look at this.
hypocrisy: http://www.youtube.com/watch?v=dUxV6UGzo6g

The Republican party is not a serious political party anymore and it's kind of sad, indeed it can make you angry if you believe that America is a democracy that deserves two functioning political parties for this country to operate best. The GOP is continuing to act the way they did during the Bush admin., which is to treat everything as an electoral strategy. It destroyed the country over the last decade, and if they continue to act like this, in the off chance they get political power again they will do the same again. I'll never vote for the GOP but American's of all political stripes and those who would vote for the GOP deserve a party that is serious and not simply trying to retain or regain power, and treat the other major political party in this country as an obstacle to their power. Whether you like Obama or not, he promised Americans during his campaign universal coverage and now he's provided it. He promised to draw down in Iraq and send troops to Afgh. and he's done it. I don't agree with everything he does, but from what I can tell the is serious about governing. I would simply ask the GOP if they take anything out of Obama's book, despite their disagreement with him, at least get serious about governing. America doesn't need John McCain vowing to not work with Obama b/c healthcare passed. PLEASE GOP get serious.
http://www.youtube.com/watch?v=dUxV6UGzo6g

Posted by: echozulu16 | March 23, 2010 11:31 PM | Report abuse

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