Virginia Gov. Bob McDonnell signed several bills on Wednesday aimed at defying a central provision of President Obama’s health care overhaul.
The measures seek to exclude Virginians from being forced to purchase health insurance, and formed the basis of Republican Attorney General Ken Cuccinelli’s lawsuit filed Wednesday against the $938 billion federal health package.
The legal challenge and the bills argue the individual mandate — under which Congress will fine those who go without coverage — represents an unconstitutional expansion of the federal government’s authority.
“We all agree that we must expand access to quality health care and reduce costs for all Virginians,” McDonnell said. “However, that should not be accomplished through an unprecedented federal mandate on individuals that we believe violates the U.S. Constitution.”
The “Virginia Health Care Freedom Act” and the similar bills signed Wednesday have little bearing in actual law, because they are trumped by the supremacy clause of the Constitution. But they serve a broader political purpose as the November mid-term elections approach and Republicans look to wield the health care overhaul against Democrats in swing districts.
McDonnell cited “bipartisan support” that carried the bills through the Republican-led House and Democrat-majority Senate, although their passage was far from harmonious. Many Democrats remain opposed to the state legislation, arguing it amounts to nothing more than political posturing.
“That legislation was unconstitutional when it passed the General Assembly, and it’s too bad Attorney General Cuccinelli is going to waste a whole bunch of taxpayer money for the Supreme Court to tell him the same thing,” said Del. David Englin, D-Alexandria, who has started a telephone campaign against Cuccinelli’s lawsuit.
The attorney general joined the governor at the bill-signing ceremony in Richmond, with cabinet members and legislative sponsors.
