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VIRGINIA MAKES MANDATORY HEALTH INSURANCE ILLEGAL

Sheila Guilloton

The State of Virginia’s Senate is controlled by Democrats. Despite this, that body passed 3 bills yesterday that would make mandatory purchase of health insurance illegal in Virginia. The 3 bills all passed with identical votes 23-17.

That means that 5 Democrats joined all the Republicans in the state senate to pass the bills. The Democrats who voted for the bills were from swing areas of the state. One of the Democrats voting for the bills was Sen. Phillip P. Puckett who represents Russell County, a rural area. Commenting on the vote Sen. Puckett said, "I don't believe someone should be forced to buy something they don't want to…It’s un-American. And it might be unconstitutional."

Ken Cuccinelli, the Republican Attorney General of Virginia, thought that these bills could help Virginia challenge a federal mandate, if Congress passes a health care bill which includes a requirement that all American purchase health insurance. The movement to stop Congress from mandating coverage for all and imposing other federal regulations has resulted in pending legislation in at least 29 states. States do not want to turn control of health insurance over to the federal government especially if the federal law requires the states to pay for certain provisions.

Some legal scholars including some of the senators who voted against the bills say the bills are “not worth the paper they are written on.” According to Sen. Richard L. Saslaw (D-Fairfax) the bills would have little practical value since they could be preempted by federal law. Sen. Saslaw called the bills nothing more than “brochure bills” that could be used in political campaigns but have no intrinsic value.

The 3 bills were a top priority for Virginia’s “tea party” movement. Jamie Radtke, Chairman of the Federation of Virginia Tea Party Patriots, called passage of the bills a “major victory.” Massachusetts, which has near universal health care for its residents, does mandate that all individuals are required to purchase health insurance.

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