"deem and pass" = Virginia & other states will sue over health care

A spokesman for Virginia Attorney General Ken Cuccinelli II (R) said this afternoon that Virginia will file suit against the federal government if the Democratic health care reform bill is approved by the U.S. Congress.

Cuccinelli has long said he was examining the legal issues and suggested he would likely file suit. Brian Gottstein, a spokesman for the office, said this afternoon that a lawsuit is now a definite. Gottstein would provide no details of the legal rationale for such a suit, indicating the process is "still being worked out."

Virginia last week became the first state in the country to pass a state bill declaring it illegal for the government to require individuals to purchase health insurance, a key part of bills under consideration on Capitol Hill.

We are also expecting to receive a letter shortly that Cuccinelli is sending to House Speaker Nancy Pelosi (D-Calif.) warning her that using the so-called "deem and pass" procedure to pass the Senate health reform bill in the House would open the measure to additional constitutional challenges from the states.