Virginia's lawsuit against recently passed federal health-care reform legislation will not cost the commonwealth much more than the $350 filing fee, the state attorney general's office said yesterday.
But the litigation, if successful, could save the commonwealth more than $1 billion in estimated costs, according to a statement released by Virginia Attorney General Ken Cuccinelli.
"The court filing fee for the case of Commonwealth v. Kathleen Sebelius in the United States District Court for the Eastern District of Virginia was $350," according to a statement issued by Cuccinelli's office.
Sebelius is the secretary of the Department of Health and Human Services in President Barack Obama's administration.
"There has been no additional cost above this amount, as the litigation is being handled entirely by the attorney general's staff. The office also does not expect much outside cost, as outside counsel has not been retained.
"Additionally, since the case is centered around a purely legal constitutional argument, the office anticipates no material costs for things such as discovery, witnesses, etc.," the statement continues.
Cuccinelli filed suit against the federal government charging that the act's insurance mandate -- which would require nearly every American to obtain insurance or face a fine by 2014 -- is unconstitutional.
According to the claim, Congress overstepped its authority under the commerce clause in Article I of the U.S. Constitution by including the insurance mandate.
Cuccinelli argued that because the federal law is unconstitutional, a Virginia law that prohibits residents from being compelled to purchase insurance should prevail.
Thirteen additional states have filed suit against the federal government, bringing a broader argument of unconstitutionality based on the 10th Amendment, which reserves for the states powers not specifically granted to the federal government.
Democrats in Virginia and elsewhere pounced on the litigation, saying it is an attempt to block reform and is a waste of taxpayer money and time for the attorney general's office.
Under the Freedom of Information Act, they requested a breakdown of costs and resources that Cuccinelli is using to bring the litigation. The Richmond Times-Dispatch and other media organizations also sought the information in separate FOIA requests.
Yesterday afternoon, officials at the Democratic Party of Virginia said they had yet to receive a formal response to their request. The response is due today.
"We look forward to a serious and professional answer to legitimate taxpayer questions as required by law," said party spokesman Jared Leopold.
"The real cost is in the man-hours and what the attorney general has not told us yet is how many man-hours are going into this effort," said state Sen. A. Donald McEachin, D-Henrico, a leader against the litigation.
"The only thing a lawyer has to offer is his time, and a great deal of time is going to be used by lawyers for the attorney general's office in tilting at this windmill."
Gov. Bob McDonnell's office has estimated that the health-care overhaul would cost the state a total of $1.1 billion from 2015 through 2022. The figure is based on estimates for new Medicaid requirements mandated in the act.
In the release, Cuccinelli said that in addition to savings for the state, there would be "tax and fee savings to individuals and businesses if the federal law is struck down."
Contact Jim Nolan at (804) 649-6061 or jnolan@timesdispatch.com.
Email
Facebook
Google
Twitter
Favorites
More
Advertisement