Cuccinelli says Va. will sue over health-care bill

Virginia will file suit against the federal government charging that the health-care reform legislation is unconstitutional, Virginia Attorney General Ken Cuccinelli's office confirmed last night.

Cuccinelli is expected to argue that the bill, with its mandate that requires nearly every American to be insured by 2014, violates the commerce clause of the U.S. Constitution. The attorney general's office will file suit once President Barack Obama signs the bill into law, which could occur early this week.

"At no time in our history has the government mandated its citizens buy a good or service," Cuccinelli said in a statement last night.

Word of the impending legal action came as the U.S. House debated late into the evening and passed the landmark reform legislation, 219-212.

The votes of the House delegation from Virginia mirrored those cast when Obama's health-reform package first came up for a vote in November.

Four of Virginia's six Democratic congressmen supported the $940 billion bill: Rep. Robert C. Scott, D-3rd, Rep. Tom Perriello, D-5th, Rep. Gerald E. Connolly, D-11th, and Rep. James P. Moran, D-8th.

"It covers all Americans that have no insurance and provides extended benefits to those who already have insurance," said Scott, who has been a steadfast supporter of the president's reform package.

"Future generations will look back at the votes we cast today just like today we look back at the votes that were cast on Social Security and Medicare, and those generations will see that we proudly voted for health care for all."

Two Democrats -- Rep. Glenn Nye, D-2nd, and Rep. Rick Boucher, D-9th -- were among 34 Democrats to cross party lines and vote against the measure.

They joined the commonwealth's five Republican lawmakers: Rep. Eric Cantor, R-7th, Rep. Robert J. Wittman, R-1st, Rep. J. Randy Forbes, R-4th, Rep. Robert W. Goodlatte, R-6th, and Rep. Frank R. Wolfe, R-10th.

Before the vote, Cantor took the floor and denounced the legislation, calling it a "trillion-dollar overhaul" that would raise taxes, increase the national debt and reduce freedom of choice in health-care decisions.

"It's the latest part of an agenda that is being forced upon the American people that attempts to seize more control over the economy and our lives," he said.

Virginia is the only state to date to pass a law that says its residents cannot be required to purchase health insurance. On Wednesday, Gov. Bob McDonnell is scheduled to sign the legislation, passed by the General Assembly in its recently concluded 2010 session.

The health-care reform bill includes a mandate that requires nearly every American to be insured by 2014 or face a fine. The law provides an exemption for low-income people.

Cuccinelli's argument is that the mandate included in the reform bill creates a legal conflict between the federal government and Virginia.

"We believe the federal law is unconstitutional as it is based on the commerce clause. Simply put, not buying insurance is not engaging in commerce," the attorney general added.

"If you are not engaged in commerce, the federal government cannot regulate this inaction. Just being alive is not interstate commerce. If it were, Congress could regulate every aspect of our lives."

The debate over reform brought a tidal wave of calls, e-mails, faxes and protesters to local and Washington offices of congressmen in Virginia and across the country.

The influx overloaded congressional switchboards, flummoxed congressional staff and frustrated constituents, many of whom said they could not get through to their representatives or were given short shrift when they did.

"It was quite overwhelming," said Jessica Barba, press secretary for Perriello, the freshman congressman who has been targeted by Republicans in the midterm elections this fall.

She said many of the calls to the office appeared to be from out-of-state groups organized against his support of the bill.

"It prevented our constituents from being able to contact us," she said, "and that was quite frustrating."

Despite the difficulties of the process, Perriello, who held 21 public meetings on the topic, said he was satisfied with the result.

"This bill will help our rural hospitals and clinics keep their doors open, improve health care for over 400,000 local residents, reduce the federal deficit, and provide coverage to 48,000 more individuals in the 5th District alone," he said in a statement.

"At the end of the day, this decision for me came down to whether working families would see savings at the kitchen table. They will."

Contact Jim Nolan at (804) 649-6061 or jnolan@timesdispatch.com.