AGs opposing health reform remain hopeful on legal repeal

There’s never a dull moment with healthcare reform.

A federal judge has indicated he could rule on the constitutionality of the Affordable Care Act by the end of the year. This comes as good news to almost two dozen state attorneys general who are trying to get the law repealed.

The most recent victory for opponents of the healthcare reform bill came on Oct. 18, when Judge Henry Hudson heard arguments challenging the federal law and its individual insurance mandate. The Virginia case, filed by Virginia Attorney General Ken Cuccinelli, is calling for an injunction of the entire law if the judge finds the individual mandate unconstitutional.

According to Cuccinelli, his case rests on a simple premise: The federal government’s attempt to stretch the Constitution’s Commerce Clause to allow it to force individuals to buy a private product – private health insurance – is unconstitutional.

“The individual insurance mandate represents an unprecedented and unconstitutional exercise of federal power because it penalizes Americans for not engaging in commerce.  In other words, you can get fined for doing nothing,” Cuccinelli said following the hearing.

“This case is not about healthcare,” he said. “This case is about protecting our liberty.”

Three former U.S. attorneys general – Ed Meese, Dick Thornburgh and William Barr – have written an amicus brief in support of Cuccinelli’s suit.

A similar case has been filed by Florida Attorney General Bill McCollum. It’s joined by 20 other states as plaintiffs – Arizona, Indiana, Mississippi, Nevada, North Dakota, Alabama, Colorado, Idaho, Louisiana, Michigan, Nebraska, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Georgia, Alaska and Oklahoma.

In the Florida case, Judge Roger Vinson heard a motion to dismiss this case in September and ruled that the case may go forward. Oral arguments are scheduled for Dec. 16, according to McCollum.
As the public dispute over healthcare reform burns on, the White House remains relatively unconcerned by the lawsuits.

In a recent White House blog, Stephanie Cutter, Assistant to the President for Special Projects wrote, “We saw this with the Social Security Act, the Civil Rights Act, and the Voting Rights Act – constitutional challenges were brought to all three of these monumental pieces of legislation, and all of those challenges failed. So too will the challenge to health reform.”