Virginia Attorney General Ken Cuccinelli is pushing the Fourth U.S. Circuit Court of Appeals to strike down the federal health care law as unconstitutional, renewing his argument in freshly-filed court papers Monday.
The government requiring people to buy health insurance, as the new law would, “lacks any principled limit and is tantamount to a national police power,” he said in the brief.
The court is scheduled to hear the case in May.
Cuccinelli agrees with U.S. District Judge Henry Hudson’s ruling that the provision of the law mandating that most Americans eventually purchase health insurance is unconstitutional, but wants the entire law thrown out.
He is also petitioning the U.S. Supreme Court to hear the case directly; the court has put the petition on its calender for April 15, though a timetable for a ruling or decision has not been set.
