Cuccinelli Fights the Federal Government

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President Obama has signed health care reform legislation into effect, but Virginia’s Attorney General Ken Cuccinelli is suing the federal government to keep the state from participating.

Cuccinelli says the law is unconstitutional, and Virginia’s Governor Bob McDonnell is standing behind the attorney general.

"The federal law is unconstitutional because the government is forcing citizens to buy health insurance, saying it has such authority because its power to regulate interstate commerce," Cuccinelli said last week.

"But if a person decides not to buy health insurance, that person by definition is not engaging in commerce. If you are not engaging in commence, how can the federal government regulate that? Just being alive is not interstate commerce, otherwise there are no limits to the commerce clause and [to] the Congress’s authority to regulate what we do. There has never been a point in our history where our federal government requires us to buy goods or services. Such a requirement would represent an enormous erosion of liberty in this country."

Under the new law, Virginians with pre-existing conditions can no longer be denied coverage. Small businesses will get tax credits to help provide health care and senior citizens will no longer fall into Medicare’s “donut hole,” a grey area involving out-of-pocket copayments.

Cuccinelli had his suit ready to file Sunday night, waiting for Obama to sign the health care legislation into law. Minutes after the president did so, Cuccinelli was ready with cameras and media present to explain his stance.

This isn’t the first time Cuccinelli has sued a federal agency. In February, he sued the Environmental Protection Agency in regards to man-made global warming, claiming that it does not exist.

David Mills, Executive Director for the Democratic Party of Virginia, says Cuccinelli is trying to put himself between the benefits of the health care reform and the tens of thousands of Virginians who could benefit from it.

"The attorney general’s office could really be making a massive difference for Virginians. But instead of focusing, he’s decided to file these lawsuits. I can’t for the life of me figure out what makes him think these things are more important," Mills said.

"The whole thing is just an example of misplaced priorities. And an example what happens when an individual uses their office as a piggy bank for their political agenda."

Mills said that the Democratic Party of Virginia filed a Freedom of Information Act request on the attorney general’s office last week to see how many tax dollars may be spent in the suit.

"It’s very possible [the suit] will be thrown out for not having any standing and being a massive waste of resources, the public’s time, and tax payers dollars. In a down budget time it’s not what we need from the peoples' attorney," Mills said.

Thirteen other state attorneys general have filed similar suits -- all but one are Republicans.

Timothy Jost, a law professor at Washington and Lee University seriously doubts the suit will succeed on its merits.

"The state doesn’t have standing to do this," Jost said. "Under Article III of the Constitution, you have to show some kind of injury to bring a lawsuit. Number one, it’s not in effect yet, and two, it doesn’t affect the states. I can’t imagine how they are going to show standing."

-Laura Peters

Gubernatorial Race Wrap Up

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Republicans Rejoiced Over Turning Virginia Red, Democrats Were Blue

Last night (November 3rd), republican candidate, Bob McDonnell, became the Gov.-elect despite Virginians voting democratic for the first time in 40 years during the 2008 presidential election. McDonnell, in addition to republican gubernatorial candidates Ken Cuccinelli and Bill Bolling, held his election results party at the Marriot Hotel in downtown Richmond, Va. Supporters at the event were seen holding brooms to represent the republican sweep of the election in all three positions: attorney general, lt. governor and governor. Creigh Deeds, the democratic candidate, watched the results with volunteers and supporters in the reception area of the Richmond Westin Hotel.

According to AP exit polls, McDonnell started off yesterday morning with a 13% advantage and ended the day with 59% of the vote and a message. He said, “Leading Virginia will require innovation and cooperation. My promise to you as governor is the same as my promise to you as candidate. That is, to strengthen the free enterprise system, to create more jobs and opportunity, so that every Virginian can use their God-given talents to pursue the American Dream, and liberty here in this great Commonwealth.”

Intern for the Democratic Party of Virginia, Clay McDonald, was a part of the final push for Deeds’ governorship. In high spirits a day before the election, Clay and other volunteers and interns set up signs for Deeds until 5am. He said there was a lot of waiting around yesterday. All the calls were made, signs put up, and there wasn’t much left to do but wait for the results.

The gubernatorial election yielded an almost 30% drop in voter turnout from the presidential election last year. According to McDonnell’s campaign manager, Phil Cox, spoke at the Marriot Tues. night exclaiming 25,000 volunteers logged 150,000 hours for McDonnell’s campaign. Volunteers made 200,000 phone calls and knocked on 750,000 doors, more than three times the amount in 2008 said Cox. Throughout the event at the Marriot, guest speakers including the chairman of the Republican National Committee, Michael Steele, and Gov. of Miss. and chairman of the Republican Governors Assoc., Haley Barbour, predicted McDonnell’s victory.

McDonnell campaigned for limited government, lower taxes and energy and employment solutions. Supporters at the Marriot cheered for this message to be sent to Washington.

Deeds’ childhood friend and Smithfield, Va. resident, John Payne, was among the speakers at the Westin last night. He reminisced about summer camp and life in Bathe Co., Va. Payne, whose daughter is graduating from high school next year, said he wanted to see a better future with Deeds in regards to transportation and education. Contributions from Gov. Tim Kaine, Sen. Mark Warner, and the democratic gubernatorial candidates Steve Shannon and Jody Wagner were also heard.

Deeds’ speech capped the night at the Richmond Westin. He said, “we lose an election and we don’t give up…this chapter is closed, but the next chapter was [is] yet to be written.”

New Jersey held the only other bellwether election–a gubernatorial election a year after the presidential election–where republican, Chris Christie, defeated democrat, Jon Corzine, for governor. Pres. Barack Obama campaigned for both Corzine and Deeds, and the loss may hurt his political credibility. Since 1977, the Gov.-elect is consistently of the opposing party to the president elected a year before.

-Caroline Jackson, Mark Craig and Laura Peters