Commentary Magazine


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Is It Worth It?

Virginia Attorney General Ken Cuccinelli is pushing back against Democrats’ complaints that he is wasting the Commonwealth’s money in suing to declare ObamaCare unconstitutional. Well, aside from the obligation of all elected officials to defend the Constitution, it seems it’s as smart a use of public funds as one could possibly find. In a news release, the AG explains:

The court filing fee for the case of Commonwealth v. Kathleen Sebelius in the United States District Court for the Eastern District of Virginia was $350.  There has been no additional cost above this amount, as the litigation is being handled entirely by the attorney general’s staff.  The office also does not expect much outside cost, as outside counsel has not been retained.

Additionally, since the case is centered around a purely legal constitutional argument, the office anticipates no material costs for things such as discovery, witnesses, etc.

If the suit is successful, the savings to the Commonwealth of Virginia alone is estimated by the governor’s office to be about $1.1 billion from 2015-2022.  This is because if the health care reform act remains law, Virginia would realize an additional $1.1 billion in costs for the new Medicaid requirements called for in the act.  This savings figure does not take in to account the tax and fee savings to individuals and businesses if the federal law is struck down as unconstitutional.

That is $1.1 billion for a middle-sized state. If you think the fiscal impact of ObamaCare and the hue and cry resulting from the gush of red ink it will send spewing forth will be limited to the federal government, think again. All 50 states and  their elected officials will be coping with this — or trying to figure out how to rip it out before it wrecks not only the federal budget but state and local ones as well.