: News

Filed Under:

Cuccinelli Says He'll Waste No Time Filing Lawsuit Against Health Care Bil

Play associated audio

By Jonathan Wilson

The fight over health care legislation may be coming to a close on Capitol Hill with last night's historic vote. But the fight between Virginia's leaders and the federal government over individual health insurance mandates could officially begin this week.

Virginia Attorney General Ken Cuccinelli says once President Obama signs the new federal health care legislation, he'll waste no time filing a lawsuit challenging the law's constitutionality.

Cuccinelli says he expects Obama to sign the bill on Tuesday.

"If he signs it into law early in the day, well file it that afternoon," says Cuccinelli.

Virginia's General Assembly made the legal challenge possible by passing the Virginia Health Care Freedom Act, which makes individual health insurance mandates illegal in Virginia.

Cuccinelli concedes that federal law trumps state law under the supremacy clause.

"However, because we contend that the underlying federal law is unconstitutional, Virginia's law should prevail, and the federal law should fall," he says.

Virginia will file the suit in the Eastern District of Virginia and Cuccinelli says a decision from that court could come six months from now. The losing side would appeal to the Fourth Circuit Court of Appeals.


Latest LGBT Films Move Beyond 'Coming Out' Narrative

There are a large number of LGBT films in theaters this fall. NPR explores what that says about Hollywood and society in general.

Remembering Paul Prudhomme, The Louisiana Chef Who 'Made Magic'

The New Orleans chef changed the way the world saw Louisiana cooking. He has died at the age of 75.

Conservatives' Pick For Speaker Might Not Even Be In Congress Much Longer

Florida Rep. Daniel Webster faces a redrawn congressional map that puts his re-election next year in doubt.

Beyond The 'Like' Button: Facebook Comes To Our Emotional Rescue

Facebook reveals new emojis it's testing to expand the iconic "Like" button. All Tech Considered welcomes a new host, who tries to explain her vision for the blog using Facebook's seven "Reactions."

Leave a Comment

Help keep the conversation civil. Please refer to our Terms of Use and Code of Conduct before posting your comments.