Cuccinelli: Federal health-care position ‘truly radical’

September 24, 2010 08:53

The Obama administration is putting forth a “truly radical” argument in defending the federal health-care act, Attorney General Ken Cuccinelli argues in court papers filed yesterday in Richmond.

By Andrew Cain at Richmond Times-Dispatch


The attorney general disputes the Obama administration’s argument that the act’s penalties for people who do not purchase health insurance are constitutional expressions of federal taxing authority.

“The taxing power argument advanced by the secretary is truly radical,” Cuccinelli’s filing says.

“As she summarizes her position, anything that ‘imposes involuntary pecuniary burdens for a public purpose’ . . . is an exercise of the taxing power” and therefore is constitutional.

Cuccinelli says that position would require the court to ignore the text of the health-care act, distinctions between taxes and penalties, and binding Supreme Court precedent.’


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