States to DC – Your health insurance mandate is unconstitutional

In a first step that will likely lead to a Supreme Court ruling, Virginia has passed a law that says Virginians cannot be forced to buy health insurance:

Not satisfied with the seemingly stalled health care reform efforts in Washington, state lawmakers in Richmond, Virginia want to make sure residents of the Old Dominion State aren’t subject to a federal mandate requiring citizens to buy health insurance.  This week the Virginia House of Delegates passed legislation that would make it illegal to do just that.

Many Democrats on Capitol Hill want a reform plan that would force citizens to buy health care or face severe penalties. Republicans in their near total rejection of the Democratic reforms have objected. The election of Sen. Scott Brown (R-MA) and the apparent retreat of the White House and Congressional leaders on health care reform would appear to make a mandate unlikely. But Virginia lawmakers pushed ahead nonetheless.  It isn’t clear what actual impact the Virginia legislation (which according to the Richmond Times Dispatch is expected to be signed into law by Governor Bob McDonnell-R)  would have if federal lawmakers are able to pass a law with the mandate.  If the federal law preempted state prerogatives, lawsuits would certainly follow.

This bill was passed by a Democratically controlled legislature in Virginia.  It is sure to be the first of many such state laws passed.  A number of other state legislatures are currently working on similar bills, which if Obamacare is passed, will almost certainly result in the Supreme Court getting involved and deciding the question:

Can the federal government force an individual to buy something, whether that something is health insurance or a GM car?