Commentary Magazine


Topic: Ken Cuccinelli

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.

Northern Virginia Up for Grabs

Virginia continues to surprise Democrats and the elite media. This week a special election was held to fill the state Senate seat in Fairfax County vacated by conservative Republican Ken Cuccinelli, who was elected as the state attorney general. The Democrat won but by only a few hundred votes. Lee Hockstader of the Washington Post — not known to make excuses for the GOP — explained that the Democrat was a “well respected, two-term member of the House of Delegates who is universally acknowledged as one of the state’s leading experts on juvenile justice, incarceration and rehabilitation,” while the Republican “served a single term on the Fairfax School Board before being unceremoniously turned out of office.” The result should give Democrats pause:

This is a no-brainer. [Democrat Dave] Marsden should’ve cleaned up. Instead, he won by scarcely 1 percent of the 23,600 votes cast. His margin of victory came from a 2-1 edge among the state’s 1,200 absentee voters, a constituency GOP officials somehow overlooked. All 40 seats in the state Senate will be up for grabs next November. Be afraid, Virginia Democrats, be very afraid.

But before we get to another round of state races, we have this year’s congressional contests. Gerry Connolly, a first-term congressman in the 11th district and former Fairfax County supervisor who replaced longtime and very popular Tom Davis, should be “very afraid” as well. Two Republicans — Fairfax county supervisor Pat Herrity and businessman Keith Fimian (who lost to Connolly in 2008 by a 54 to 43 percent margin, considerably ahead of John McCain, who lost to Obama by a 60 to 39 percent margin in the county) — are vying to challenge him.

Since coming to the Hill, Connolly has eschewed the model of his predecessor, a moderate, pro-business Republican who remained popular in his district even when Republican fortunes flagged. Instead, Connolly has voted down the line with Nancy Pelosi and Obama on the left-wing agenda. His votes on cap-and-trade and especially ObamaCare (which will hit his constituents with a bevy of new taxes) will certainly be under attack. Connolly has reason to be nervous: Bob McDonnell shocked Virginia politicos, who had come to see Fairfax as drifting further and further into the Blue, by carrying the county 51 to 49 percent, running against the very Obama agenda items Connolly has supported.

In a year in which Massachusetts is competitive, northern Virginia certainly will be — especially if Republicans can make the case that incumbent Democrats have lost faith with their more moderate voters.