From NPR:

Another hurdle for the health-care bill will be litigation. Attorneys general in at least 12 states are preparing to challenge its constitutionality. One of them is Ken Cuccinelli, whos attorney general of Virginia. He joins us by phone from Fairfax County, Virginia. Welcome to the program.

Mr. KEN CUCCINELLI (Attorney General, Virginia): Glad to be here.

CONAN: And in your view, what’s unconstitutional about the health-care bill?

Mr. CUCCINELLI: The General Assembly of Virginia this year passed a statute that protects Virginia citizens from being mandated to buy health insurance. It passed on a bipartisan basis. And, of course, the federal health-care bill has a mandate to do just that. There’s a conflict between those laws. And while normally the supremacy clause leaves federal laws trumping, not when they are unconstitutional. And it is our position that the individual mandate is unconstitutionally overbroad under the commerce clause, that the Congress doesn’t have the power to impose this on individuals.

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