Attorney General exasperated at the 4th U.S. Circuit Court of Appeals ruling

September 17th, 2011

Virginia: Attorney General Ken Cuccinelli was not happy on the 16th of September. He called the United States Court of Appeals for the 4th Circuit ruling on Virginia's lawsuit against President Barack Obama's health-care law, "an extraordinary assault on state sovereignty and the role for states envisioned by the Founders in our constitutional system."

Virginia's lawsuit, and a very similar claim made by the Liberty University, was dismissed by a three-judge panel of the 4th Circuit, which is based out of Richmond, VA. The panel ruled that neither of the parties had the right to sue, based on their legal standings. The caliber of the state of Virginia's claim was not remarked upon by the judges because they asserted that the individual insurance mandate provision of the Patient Protection and Affordable Care Act would be considered an, "unconstitutional exercise of congressional power."

Attorney General Cuccinelli disagreed, saying the mandate violated citizen's rights and that the new state law should stay in effect, which prohibits state citizens of Virginia being forced to buy health insurance.

The court responded to Cuccinelli and others by stating that, "Under Virginia's standing theory, a state could acquire standing to challenge any federal law merely by enacting a statute — even an utterly unenforceable one — purporting to prohibit the application of federal law."

Cuccinelli quipped back that the earthquake was caused in Virginia because, "James Madison obviously saw a draft version of the final order and rolled over in his grave!"

Attorneys for Attorney General Ken Cuccinelli are currently working on an appeal to be filed to the United States Supreme Court at the nearest opportunity.