Delegate Adam Ebbin (D-49) applauded a federal appeals court’s decision to toss out Virginia Attorney General Ken Cuccinelli’s lawsuit against the Obama Administration’s health care overhaul.
In a statement sent to supporters via email and posted on his website, Delegate Ebbin spoke critically of Cuccinelli’s actions, something he along with his former primary opponents regularly did campaigning.
“I applaud the Fourth Circuit Court of Appeals’ decision to dismiss. Ken Cuccinelli has wasted 18 months and valuable state resources on his politically-motivated lawsuit against health care reform,” said Ebbin.
“We need him to stay focused on efforts that will make Virginia families safer, not sicker,” continued Ebbin.
Last year Cuccinelli sued the federal government over the constitutionality of the then recently passed Patient Protection and Affordable Care Act, arguing that it violated the Commerce Clause.
At a 2010 Republican fundraiser, Cuccinelli said that Congressmen like Representative Jim Moran (VA-08) were “trampling the Constitution” when they voted for the Act.
After taking control of the House of Representatives, Republicans passed a bill that would overturn the Act; however it failed in the Democratically controlled Senate.
The three judge panel of the Fourth Circuit Court of Appeals decided that the Commonwealth of Virginia did have the legal right to challenge the mandate.
“…we hold that Virginia, the sole plaintiff here, lacks standing to bring this action. Accordingly, we vacate the judgment of the district court and remand with instructions to dismiss the case for lack of subject-matter jurisdiction,” reads the Court’s opinion.
In addition to the Cuccinelli suit, another suit supported by several other state attorney generals was filed not long after the Act was signed into law.
Despite the setback, many legal experts believe the Act will eventually be brought before the Supreme Court, who will ultimately decide its constitutionality.
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