13 Attorney Generals, including Virginia AG Ken Cuccinelli, have filed suit against the federal government over the individual mandate provision in the new health care law. These AGs argue the mandate is unconsitutional. However, they overlooked a 1944 Supreme Court case – United States v. South-Eastern Underwriters Association – which clearly states insurance falls under interstate commerce, which would make it subject to the government’s commerce clause listed in Article 1, Section 8 of the U.S. Constitution.
My colleague Rick Shapiro wrote about the weak underpinnings of these lawsuits and the staggering hypocrisy of Republicans to file a lawsuit over the individual mandate. Let’s not forget that Republican lawmakers railed against so-called “junk” lawsuits during the health care debate. Now they’re filing a junk lawsuit to try and overturn a provision in the new law.