President Obama has signed the healthcare overahaul, but another hurdle lies ahead for it– litigation. Attorneys general in at least 12 states are preparing to challenge its constitutionality. One of them is Ken Cuccinelli, whose attorney general of Virginia.
Cuccinelli says the General Assembly of Virginia this year passed a statute that protects Virginia citizens from being mandated to buy health insurance. It passed on a bipartisan basis. And, of course, the federal health-care bill has a mandate to do just that. There’s a conflict between those laws. And while normally the supremacy clause leaves federal laws trumping, not when they are unconstitutional. And it is our position that the individual mandate is unconstitutionally overbroad under the commerce clause, that the Congress doesn’t have the power to impose this on individuals.
Experts believe it will be very unlikely for the Supreme Court to vote in favor of States because there are already mandates from Washington that we have to comply with medical insurance would just add another law to the list.
Cuccinelli and others argue those mandates are taxes and the healthcare penalty is a fine. They believe you can’t force people to buy a product from another.