Court rejects Cuccinelli case against Obamacare

By Dave Ress, dress@dailypress.com

4:53 p.m. EST, February 19, 2014

Former Attorney General Ken Cuccinelli's long running campaign against Obamacare won a second rebuff in federal court, when a Richmond judge dismissed a lawsuit challenging the penalty for not buying health insurance.

Cuccinelli had intervened in the case, filed by four Virginians, to support their argument that the wording of the Affordable Care Act meant the penalty could only be levied in states that set up their own insurance exchanges. The penalty will be $95 this year.

Virginia decided against setting up an exchange, as an expression of the opposition of then-Gov. Bob McDonnell's administration to Obamacare.

Cuccinelli, when intervening on behalf of the four Virginians, said Virginia opted against a federal exchange as a way to keep the Internal Revenue Service from collecting a new tax from businesses that declined to cover employees. That tax is a key element of Obamacare's push to cover uninsured Americans.

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