A Virginia judge’s ruling last week that the federal government can’t make people buy health insurance was a major victory for Attorney General Ken Cuccinelli, raising the profile of the state’s top lawyer well beyond the Old Dominion and leaving many to ponder what’s next for the conservative firebrand. Cuccinelli’s decision to fight President Obama’s health care reforms in a Virginia court, rather than join another lawsuit filed in Florida by 20 other states, surprised some and encouraged critics who dismissed it as a political ploy.
With characteristic certitude, Cuccinelli defended his decision to go it alone, saying he was defending a Virginia law that stipulates that state residents can’t be forced to buy health insurance.
“You don’t go to Florida to defend a Virginia law — you do it in Virginia,” he said.
If it didn’t entirely silence Cuccinelli’s critics, the judge’s decision did ensure Cuccinelli, who took office in January, a following among conservatives nationwide.
“All of that sentiment is entirely muted now by the fact he got the first victory,” said longtime Virginia political analyst Bob Holsworth. “And one can’t minimize the importance of being first to the post. Everyone else now is latching on to what he’s accomplished.”
Cuccinelli, a onetime mechanical engineering major, was a visible presence in the media after last week’s ruling, but downplayed all the attention.
| An activist’s busy year |
| Health care isn’t the only issue on which Virginia Attorney General Ken Cuccinelli has made waves since taking office in January. Some others: |
| • February — Challenges the Environmental Protection Agency’s findings that greenhouse gases and climate change pose a public danger. |
| • March — Declares that gays at state colleges and universities are not protected by anti-discrimination laws. |
| • April — Begins an inquiry of former University of Virginia climatologist Michael Mann’s work on climate change. |
| • July — Rules that Virginia police can question the immigration status of anyone stopped or arrested. |
| • August – Rules that Virginia has the authority to regulate abortion clinics as it does hospitals. |
| • December — Claims provision of Voting Rights Act, which monitors racial discrimination in voting, should no longer be applied to Virginia. |
“That’ll probably pass as soon as the news cycle’s done,” he said.
At the same time, Cuccinelli did use one of those interviews to hint at future political plans, ruling out a 2012 Senate run but leaving open the possibility of running for governor in 2013.
“Clearly, he’s become a very significant player in … national Republican circles,” Holsworth said. “We’ve never seen an attorney general that has had such an [effect] on the overall political agenda of his own party.”
Indeed, Gov. Bob McDonnell and Lt. Gov. Bill Bolling were quick to praise last week’s ruling, though they don’t always agree with Cuccinelli.
When Cuccinelli ruled that gays were not legally protected from discrimination on the state’s college campus, McDonnell said he agreed with the legal argument but issued a directive declaring discrimination of any kind would not be tolerated. When Cuccinelli proposed charging statewide GOP candidates $25,000 to offset the cost of state conventions, Bolling opposed it and helped kill it.
“It’s unreasonable to expect that we’re going to agree on everything,” Bolling laughed.
Cuccinelli also made waves for, among other things, investigating former University of Virginia professor Michael Mann over his climate change research to determine if the professor committed financial fraud against the state.
“The thing on U.Va. was his own effort,” said Del. Dave Albo, R-Fairfax. “I agree with him on it. But would I have sued them or something? I don’t think so. If I was attorney general, I’d have other things to do.”
In the health care case, Del. David Englin, D-Arlington, acknowledged Cuccinelli’s contention that he’s only defending the law, noting the broad discretion the office has in picking issues to pursue — and that the issues in Cuccinelli’s chosen fights are not incidental.
“He’s a smart, telegenic guy who has made a choice to pursue national attention in order to advance an ideological, conservative agenda,” he said. “And he’s doing that very well.”
