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Silver lining for states fighting health care law?

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    Virginia Attorney General Ken Cuccinelli weighs in

  • Duration 5:36
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Our next guest called it a dark day for America when the Supreme Court upheld the president's health care law but now.

He says there's a silver lining so what is it here to tell us.

Is particular Virginia attorney general can -- an elegant to see it mr.

attorney general.

Good morning what is that silver lining of the supreme court's decision that the mandate lives on as attacks.

Yeah obviously this was a bad loss on Thursday.

But the way -- Chief Justice did it by blowing the doors off the tax power I mean he expanded it.

Extraordinarily.

Which was -- shock to everybody.

Nobody expected this particular outcome no judge anywhere in the federal system had done anything like this.

He stands pretty much alone and I think that speaks to frankly what a bad decision it is but the silver lining.

Is that because it's a tax bill now and that from the Supreme Court.

Instead.

An ordinary bill.

He can only it can be repealed literally fifty senators instead of sixty.

In -- normally get overcome that senate filibuster but now if you've got fifty -- -- vice president.

It can be beaten and Mitt Romney's been talking a lot about.

Repealing the bill and that that's great for the president you need someone in the president's presidency who's willing to do that we've still got to get -- the bill.

And that's always been a very tall order in any of the ordinary scenarios we thought of in which we might lose but the way the Chief Justice did this will only need fifty senators and right now the Republicans have 47 and when I listen to people like.

Claire McCaskill and senator mansion -- to Democrats I suspect there -- some Democrats who might vote with Republicans to repeal now anyway.

So this makes it very much within reach and it makes November matter even more because that's how we can beat it that's one silver lining.

The other two -- actually limited the spending power of the federal government for the first time since the new deal that's never happened before it.

Yeah frenetic congress -- -- portion is that what you're referring to -- know that that's the other silver lining is -- also restrained.

The commerce clause again.

Putting an outer limit on it for the first time since the new deal is if only those two things that happened this would have been a historic victory.

But then he went on to uphold those of the law using the taxing power so.

It was a it was a mixed result obviously we wanted to see this -- -- on Thursday but there are a couple of items for us to look at and and their hope springs eternal we can now get we can knock this law out of the ballot box in November.

The fifty plus one you're referring to of course is the reconciliation.

Process yeah -- -- -- to get the senate.

And you have to get a Republican president I'm curious your opinion on how this will work going forward in terms of the Medicaid expansion.

As you alluded to a bit there states do not have to expand their Medicaid rolls because the government cannot punish them.

Will governors like yours Bob McDonnell like Chris Christie like Nikki Haley will they elect.

To not expand their Medicaid rolls and throw those people back on the government roles in your opinion should -- Well we're talking extensively to our governor and we're gonna have a conference call and -- 140 of our legislators and and about after the fourth of July -- Week it -- to discuss that very question and that of course is in their hands.

But as someone who's running for governor in Virginia not this year but next I sure don't want to -- -- absorb.

An additional 200 million dollar.

Burden of expanding Medicare Medicaid so massively but you did point out in part of the spending power limitation -- Of the chief justice and six others this was a seven to two vote right was that they couldn't threaten our other three billion dollars worth of federal funding for Medicaid.

To provide health care for the -- To hold that over our head to force us effectively into this new Medicaid expansions.

And last I I hope we don't know I think it's unlikely in Virginia.

-- I wanna mention you talked about the repeal option the Mitt Romney is really campaigning on do you feel he should find.

And discuss.

A replacement option how the Republicans would counter with their own plan should they get that done.

Absolutely you can't just be about saying no you've got to have positive alternatives this is they've been a bipartisan failure for ten years.

But when you say replace.

It you're speaking in the singular I think the way we need to do this is we don't need another 2000 page bill.

We need a whole bunch of ten page bills that every American can read and understand for instance let's have one bill.

To deal with purchasing.

Health insurance across state lines right now most people don't know it's illegal for -- -- To buy North Carolina health insurance that's silly.

And it unbelievably.

Reduces competition and involve organizes the market.

Mitt Romney's talking about doing that that should be one bill.

And then move on to whatever they can do for medical malpractice reform of the federal level that should be -- another separate bill.

Don't roll hall and that's one of the mistakes that was made here it makes for some of the ugly this legislation you can imagine got an Obama cares a great example of some of the ugly -- legislation you can rent.

Should be interesting to find out if Mitt Romney follows your advice there.

A good stuff can pitch really the attorney general from Virginia we appreciate -- -- at all.

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