This comment's focus is to convincingly demonstrate that neither the General Assembly's Health Care Freedom Act nor the Commonwealth's constitutional challenge to the minimum essential coverage provision were exercises of nullification. Part II of this comment relates a brief history of the ACA's passage alongside the Virginia Health Care Freedom Act's enactment and the Attorney General of Virginia Ken Cuccinelli's suit against Secretary of Health and Human Services Kathleen Sebelius. Part III defines nullification and further explains it through the historical instances when Virginia has considered the doctrine. Part IV demonstrates that-far from nullifying the minimum essential coverage provision-Virginia has followed the course of action recommended by nullification's earliest opponents.
Robert S. Claiborne, Jr., Comment, Why Virginia's Challenges to the Patent Protection and Affordable Care Act Did Not Invoke Nullification, 46 U. Rich. L. Rev. 917 (2012).