Cuccinelli Attacks ObamaCare

by Robert Romano

Today [March 23], Virginia Attorney General Ken Cuccinelli will file suit against the federal mandate imposed by ObamaCare that individuals must purchase health insurance. He and other courageous state attorneys general deserve our thanks.

In short, the Federal Constitution does not permit Congress to enact a mandate for individuals to purchase anything, let alone health insurance. The Fifth Amendment provides that “No person shall be… deprived of… liberty… without due process of law.” The American people have the liberty to choose their own health insurance plan — if they want one.

At issue in the case is a newly-enacted Virginia law that prohibits individual mandates — in direct contradiction to the federal statute.

Cuccinelli will argue that the Constitution provides no explicit grant of authority for Congress to mandate the purchase of insurance. According to the Roanoke Times, “With this law, the federal government will force citizens to buy health insurance, claiming it has the authority to do so because of its power to regulate interstate commerce," Cuccinelli said. "We contend that if a person decides not to buy health insurance, that person – by definition – is not engaging in commerce, and therefore, is not subject to a federal mandate."

Such a line of attack is the most likely to disarm government-run health care at its inception in a efficient period of time, even more so than a repeal strategy now being promoted by Congressional Republicans.

Repeal will take time — a luxury not on the side of those who stand with liberty — and depends upon victory in 2010 in the least. Not to mention the transition of one if not two presidential election cycles to overcome an Obama veto. At the earliest, legislation repealing ObamaCare could be enacted in 2013, assuming a filibuster-proof majority can be secured in the Senate.

As with other entitlements, repealing them proves even harder than enacting them. Ronald Reagan once said that “No government ever voluntarily reduces itself in size. So, governments' programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth.”

One need only look at the present scheme of federal entitlements to see the difficulty involved. Despite bleeding red ink year after year, having their trust funds pilfered by Congress, and the prospect of complete insolvency by 2017 and 2037, respectively, Medicare and Social Security remain unreformed and as unsustainable as ever.

That is not to say that repeal... Read more>>>>