Challenging the Constitutionality of the Health Care Law

Kenneth T. Cuccinelli, II is the Attorney General for the state of Virginia.

http://healthreformreport.com/2010/12/va-healthcare-suit.php

Virginia's lawsuit challenging the act rests on two basic arguments.  One:  The government's attempt to stretch the Commerce Clause to force individuals to buy a private product - private health insurance - fails, as the Constitution does not grant Congress such a power.  Two:  The penalty the government charges if one does not comply with the mandate cannot be redefined after the fact as a tax, justified by the government's taxing power.  Congress and the president insisted the penalty was not a tax, they passed it as a penalty, and it operates as a penalty as a matter of law.  They cannot simply change the meaning of words now that they realize their first legal argument is on shaky ground.

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