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Virginia Attorney General Ken Cuccinelli on the impact of the health-care law on states.
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I did well after leading the fight against Obama care the commonwealth of Virginia.
Trying to figure out what to do now earlier I spoke with Virginia attorney general Ken collection Nelly for his take.
On a surprising ruling.
Well my initial reaction was very negative and I'm still disappointed.
In the outcome -- but also rather surprised with how they found it constitutional.
The Chief Justice found that the penalty you have to pay is -- tax even though.
The word tax was -- -- intentionally amended out of the bill.
Well he rode it back in to find it constitutional by -- 54 vote the one thing that does for us.
Is that it is not like a normal bill as a tax bill it only takes fifty senators plus one vice president.
To repeal it instead of sixty senators which it would normally be expected to take but because it's a tax bill it should be right more easily.
-- that a little like winning the battle but losing the war at the end of the day.
You don't look at the IRS is gonna get broad new powers to enforce this thing Americans are going to be paying.
Hundreds of dollars maybe thousands of dollars if they don't want to be part of.
Plus debt to get large deficits yeah absolutely.
So I don't know if this is this is pretty bad I mean they kept everything except.
The threat to take away State's Medicaid dollars.
If we didn't participate in the Medicaid expansion but -- but what you're gonna see now is with that one.
Loophole if you will states like Virginia are very likely not going to participate.
In that Medicaid expansion and that's a huge part of this bill well really was something we wanted to see now.
And then this Saturday -- -- lives here because your governor said he hasn't made up his mind what he wants to do your use saying tonight.
That in fact.
Virginia will opt out of those additional Medicaid dollars.
Look that's that's an appropriation decision the governor's got a role to play in that so -- the legislature.
I'm I'm -- -- locating a little bit here I was in the general assembly Virginia.
And though you know we don't have the 200 million dollars a year readily available.
That it'll take when this thing is fully in place to fund our portion of this and you know where's it gonna come from already strained transportation and this is the part of the budget remember for states that's been exploding.
For ten years why would we want to add to that so I think there's going to be a lot of pressure.
Not to increase the Medicaid.
Expansion.
And in fact you're gonna see this because -- -- the repercussions in the bill is really getting hit the federal deficit even harder.
Than it already was going to and and those are well now.
Income that -- -- -- -- -- isn't it possible.
That the legislation.
As it stands right now it actually.
It -- and -- states to pull out because let's face it.
If you know allegedly in those additional Medicaid dollars at the end of the day the federal government steps in.
And pays the full freight for people who then have to go on the exchanges.
At the end of the day to -- -- welders -- that's a fair trade.
A year -- there's a little bit of mixing of issues there but it if in some circumstances you're actually right in.
And -- course were still looking at the legal consequences of this and what it does for our governor's options in our legislators options.
But what you've just described.
Is one of the scenarios that appears to be you know possible for some states it won't be true for every state because of where each of us start.
Virginia's very frugal with its Medicaid now this was going to be a huge expansion.
But the federal government was going to be paying for more different things -- states matched up so you could see states like New York which have an enormous number of people on Medicaid.
That are faced with a somewhat different question financially than Virginia there's going to be a lot of movement at the states and reaction -- -- -- wait and see what states do what but.
There is something I want you to respond to tonight that's Mitt Romney saying that he would -- will repeal obamacare his first day in office.
How do you do that I mean a lot of the lot is already in place.
Now well but if if we had one more vote at the Chief Justice did in the tax part of opinion what he did in the spending.
Power and the commerce -- current clause part of his opinion.
We wouldn't have this bill have been ripped out by the roots that has happened before in our history and -- where a lot of us are still hoping it can happen you know before yesterday.
When Mitt Romney was campaigning say I'm -- a repeal it on day one.
We all expected if we lost it would be under the commerce clause and he needs sixty senators -- Have to get that repeal bill to his desk -- he can't do it unilaterally as president even know this president thinks he gets to do things like that.
Mitt Romney is acknowledge that there.
Now power the president and I would think that you're gonna continue to fight this thing tooth and nail what do you do next.
And what happens with other people who are opponents.
Of obamacare.
What what -- the next steps for this.
Well first of all I'm an attorney general so I've got to figure out the legal options and implications for the decision yesterday for my governor and for my legislators.
And for our Medicaid agency.
-- they need to understand what it means for them day today and what their choices are in front of them.
So that that's our job isn't in the attorney general's office.
I'm also.
A political leader in Virginia and I'm.
Gonna push to keep Virginia's role in this small because it's so explosive it'll blow our budget just as it has the federal budget.
And frankly we've lived with an awful lot of that experience already.
In Virginia we don't want to compounded that problem and in my view and that's just one person's view in Virginia.
But that's what we see so far it's unfortunate and disappointing decision yesterday but we go forward from here and hopefully repeal it through the ballot box well -- -- -- will see out if that happens.
Brand spanking new entitlement program can kitchen -- thanks for coming on tonight we really appreciate your time Gerri good.
