Ken Cuccinelli on the ObamaCare Lawsuit

I had the opportunity recently to join others in spending several hours over the course of a couple of days with Virginia Attorney General Ken Cuccinelli, the man who has led the fight among the 27 states that have sued the federal government to protect their people against ObamaCare. I found him to be very likable, an incredibly knowledgeable and capable man who is also a family man concerned about the freedom of his children and his fellow Americans. Cuccinelli is doing a great job for the people of Virginia (and for America), but look for him to only go up from here (he has already announced his gubernatorial candidacy).

This case against ObamaCare has spent the last two years working its way through the appellate court system, winning most of the battles, and has now reached the U.S. Supreme Court. CSPAN recently interviewed Cuccinelli about the case.

The central element of the lawsuit against ObamaCare is the federal government compelling people to purchase a product under the guise of regulating commerce.

The tax argument then came up on the part of ObamaCare defenders once they became worried that the penalties levied in the legislation if you fail to obey the mandate left ObamaCare particularly vulnerable in the courts. They tried to make the argument that the “penalties” (which were clearly unconstitutional) were just a “tax,” which could potentially put the penalty within the realm of constitutionality.

Of 16 judges who have reviewed this case, only one considered this a tax that is within the federal government’s constitutional power of taxation.

Cuccinelli was clear on the stakes: “If we lose this case, federalism is effectively dead.”

Woodrow Wilcox


Yes, and (though this case is being tried regarding the Commerce Clause) so is the Tenth Amendment, Article 1 Section 8…and basically the heart of America which has always recognized the vital need for limited government to the maintenance of freedom.

He also discusses the upcoming election, and pulls no punches: “This president and his administration are the biggest lawbreakers to run the federal government in our lifetimes.”  Indeed, when you consider the way Obama has shown such incredible contempt for the U.S. Constitution–the nation’s highest law–as well as his refusal to enforce our nation’s Defense of Marriage Act, our nation’s immigration law, his violation of the War Powers Act in Libya, as well as other instances of lawlessness, Cuccinelli is absolutely right.


Also discussed was the contraception and abortifacient mandate via ObamaCare, something Cuccinelli calls “Son of Mandate.” He pointed out that a lot of Americans have no problem with contraception, but are strongly opposed to the assault on religious freedom perpetrated by mandating coverage.

In this video from CSPAN, Cuccinelli discusses how some of the Supreme Court justices may be expected to rule on this case, and the elements of the case in general.  The whole segment is about 31 minutes long, and Cuccinelli is in the first 26 minutes of it.  It is well worth your time to watch if freedom is important to you.

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Bob Ellis has been the owner of media company Dakota Voice, LLC since 2005. He is a 10-year U.S. Air Force veteran, a political reporter and commentator for the past decade, and has been involved in numerous election and public policy campaigns for over 20 years. He was a founding member and board member of the Tea Party groups Citizens for Liberty and the South Dakota Tea Party Alliance. He lives in Rapid City, South Dakota with his wife and two children.
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  • thisoldspouse

    The more I hear about Cuccinelli on the news the more I like him; he would be a great future conservative candidate for higher national office.  Maybe a V.P. pick for Santorum?

    • I think he has his eye on the Virginia governorship right now, but you never know what the future holds. After talking with him and listening to him for just a few minutes, my thoughts quickly said “national potential.”

  • Hopefully at least five of the justices can find enough integrity and respect for the Constitution within themselves to rule ObamaCare to be the unconstitutional assault on freedom that it is…and we’ll never find out what the AGs would have done in the event SCOTUS decided to become the third branch of government to urinate on the Constitution.