Monday, January 31, 2011

Cuccinelli congratulates Florida AG on health care ruling

RICHMOND (January 31, 2011) – Attorney General Ken Cuccinelli made the following statement today regarding the victory in Florida in the multi-state lawsuit against the federal health care law:

“I am heartened by the fact that another federal judge has found that the individual mandate forcing citizens to buy private health insurance is unconstitutional. The judge also found that the individual mandate could not be severed from the remainder of the law, so he declared the entire act invalid.

“Constitutional principles have scored another victory today. Liberty has scored another victory today.

“I congratulate Florida Attorney General Bondi, former Attorney General McCollum, and the attorneys general and governors who joined the Florida suit, on their victory.”

RICHMOND- Virginia Governor Bob McDonnell issued the following statement this afternoon following the ruling by Florida federal Judge Roger Vinson that the Patient Protection and Affordable Care Act is unconstitutional. In his ruling on the challenge brought by 26 states, Judge Vinson found, “…because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.” Judge Vinson also noted, “The individual mandate exceeds Congress’ commerce power, as it is understood, defined, and applied in the existing Supreme Court case law.” Governor McDonnell’s statement is below.

“Judge Vinson’s ruling is yet another strike against the individual mandate specifically, and the entire federal health care law generally. For the second time in as many months, a federal judge has found that Congress exceeded its constitutional authority by mandating that citizens of this nation purchase a commercial product or else face a penalty. 

Judge Henry Hudson reached a similar conclusion in his December ruling on the Commonwealth’s challenge to the Act. However, Judge Vinson’s decision goes one step further. The Judge also ruled that the individual mandate component is not severable from the overall Act in which it is contained, meaning that this one unconstitutional provision renders the entire bill void.

I agree with both Judge Vinson and Judge Hudson that the individual mandate is clearly unconstitutional. However, this matter is far from settled. Today’s decision adds to the growing uncertainty surrounding federal health care reform. That uncertainty is leaving states, businesses and individuals unable to properly plan for 2014 and the scheduled implementation of this new law.  

For this reason I reiterate my request that the Department of Justice join with the states to request fast tracking the challenges to the Patient Protection and Affordable Care Act to the Supreme Court of the United States, where the final decision regarding its constitutionality will ultimately be determined. All parties involved, no matter where they stand on this measure, should support moving this issue to its final stage, and bringing finality to a complicated matter that will have an impact on every state, employer and citizen of this nation.”

Posted By Valerie Garner

Categories: National, Politics, State Politics

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