RICHMOND, VA (WWBT) - Attorney General Ken Cuccinelli is speaking out about the decision that dismissed his lawsuit challenging the Federal Health Care Reform Act.
Cuccinelli was traveling in southwest Virginia when the 4th Circuit Appeals Court ruled Thursday that Virginia did not have the jurisdictional authority to sue the federal government over the health care reform law.
According to the attorney general, that view is flawed, because Virginia passed a state law preventing the federal government from forcing its citizens to buy health insurance.
"This court, this panel at this court, these three judges, are the first appellate court to ever deny a state the right to defend its own law," Cuccinelli said. "That has not happened at the appellate court level and above at least since 1965."
The 4th circuit disagrees. They believe that Virginia is a state and not an individual, and therefore unable to sue on behalf of one specific individual.
Ultimately the case is expected to go to the Supreme Court.