Cuccinelli on Obamacare Lawsuit: ‘We Are Doing What the Founders Expected’

Rob Bluey /

Ken Cuccinelli

RICHMOND — Virginia Attorney General Ken Cuccinelli said he will file a formal response as early as next week to the federal government’s attempt to dismiss Virginia’s legal challenge to Obamacare.

In an exclusive interview with Heritage, Cuccinelli said the federal government’s motion to dismiss, released on Monday, was mostly predictable. He said the attorney general’s office had already anticipated the government’s arguments and will have its response ready on or before June 7.

“What they filed on Monday was very much what we expected,” Cuccinelli said in an interview at his Richmond office. “You never know exactly how they’re going to present it, but we did expect them to move to dismiss the case.”

The legal maneuvering puts Cuccinelli at the center of the Obamacare court battle. In addition to Virginia’s lawsuit, 20 states have joined a legal challenge from Florida. Virginia is pursuing its own strategy because its legislature adopted a law protecting its citizens from the individual mandate.

Cuccinelli said the stakes are high and he expects Virginia’s case — and probably Florida’s — to end up before the Supreme Court within the next two years.