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of course they will, lol
Florida says several states to file healthcare lawsuit
Mon Mar 22, 2010 11:01am EDT
MIAMI, March 22 (Reuters) - Florida's attorney general will file a lawsuit with nine other state attorneys general opposing the healthcare legislation passed by Congress, a spokeswoman said on Monday.
Bonds
"The health care reform legislation passed by the U.S. House of Representatives last night clearly violates the U.S. Cons ution and infringes on each state's sovereignty," Florida Attorney General Bill McCollum, a Republican, said in a prepared statement announcing a news conference.
"On behalf of the State of Florida and of the Attorneys General from South Carolina, Nebraska, Texas, Utah, Pennsylvania, Washington, North Dakota, South Dakota and Alabama if the President signs this bill into law, we will file a lawsuit to protect the rights and the interests of American citizens." (Reporting by Michael Connor, Editing by Chizu Nomiyama)UPDATE 1-Virginia to sue U.S. over healthcare reformUPDATE 1-Virginia to sue U.S. over healthcare reform
Mon Mar 22, 2010 10:22am EDT
* Virginia to file lawsuit after Obama signs bill into law
Regulatory News | Bonds
* AG: Congress lacks power to force insurance purchases
NEW YORK, March 22 (Reuters) - Virginia's attorney general said he plans to sue the federal government over the healthcare reform legislation, saying Congress lacks authority to force people to buy health insurance.
Attorney General Kenneth Cuccinelli, a Republican, said on Monday that Congress lacks authority under its cons utional power to regulate interstate commerce to force people to buy insurance. He said the bill also conflicts with a state law that says Virginians cannot be required to buy insurance.
"If a person decides not to buy health insurance, that person by definition is not engaging in commerce," Cuccinelli said in recorded comments. "If you are not engaging in commerce, how can the federal government regulate you?"
Cuccinelli said he plans to file his lawsuit in federal court in Richmond, Virginia, after President Barack Obama signs the bill into law, which he is expected to do.
The bill requires most Americans to have health coverage, and provides subsidies to help lower-income workers afford it. [ID:nLDE62L01U]
No Republican voted for the bill, which passed the House on Sunday night by a 219-212 vote.
http://www.reuters.com/article/idUSN2219276420100322
Mon Mar 22, 2010 10:22am EDT
* Virginia to file lawsuit after Obama signs bill into law
Regulatory News | Bonds
* AG: Congress lacks power to force insurance purchases
NEW YORK, March 22 (Reuters) - Virginia's attorney general said he plans to sue the federal government over the healthcare reform legislation, saying Congress lacks authority to force people to buy health insurance.
Attorney General Kenneth Cuccinelli, a Republican, said on Monday that Congress lacks authority under its cons utional power to regulate interstate commerce to force people to buy insurance. He said the bill also conflicts with a state law that says Virginians cannot be required to buy insurance.
"If a person decides not to buy health insurance, that person by definition is not engaging in commerce," Cuccinelli said in recorded comments. "If you are not engaging in commerce, how can the federal government regulate you?"
Cuccinelli said he plans to file his lawsuit in federal court in Richmond, Virginia, after President Barack Obama signs the bill into law, which he is expected to do.
The bill requires most Americans to have health coverage, and provides subsidies to help lower-income workers afford it. [ID:nLDE62L01U]
No Republican voted for the bill, which passed the House on Sunday night by a 219-212 vote.
of course they will, lol
federal law > state law
Political Science 101
I wouldn't rule out the SC upholding such a challenge along rigid ideological lines, though it is unlikely.
florida, texas, south carolina, and virginia lol
yeah, let's just revive the Confederacy with all them southern states rebelling against the Union
Civil War 2.0, start raising your confederate flags Floridians and Virginians
Last edited by MiamiHeat; 03-22-2010 at 03:19 PM.
Agreed.
Of course, the Repugs will be destructive and retrogressive, and lying and scare-mongering all the way, misbehaving exactly as they have so far.
McConnell has promised the same delaying tactics in the Senate.
If this bill is "illegal", so is Social Security, Medicare, Medicaid.
So it begins.
Dare to dream.................
What commercial product does SS, Medicare/Medicaide require me to buy?
Only if it's cons utional.
I think the question of whether or not the federal government can require one to purchase a good or service is the question that will be at the heart of this challenge in the courts.
It'll be interesting to see how the administration and Democrats argue their side of that Cons utional question.
Washington AG, others will sue over health care overhaul
OLYMPIA, Wash. -- Washington state Attorney General Rob McKenna says he’s joining in a challenge to the cons utionality of a health care overhaul bill passed by Congress.
McKenna said Monday he will join a multistate lawsuit against the measure once it’s signed into law.
The measure would extend coverage to 32 million uninsured Americans, and for the first time, most Americans would be required to purchase insurance, and face penalties if they refused.
McKenna, a Republican, says he believes the bill “uncons utionally imposes new requirements on our state and on its citizens.”
I gotta admit Miami Heat hit the bullseye...nothing says Conderate like Washington State and Penn getting in on this
This will be interesting, I have to say.
Well, I can see challenging the cons utionality of parts of the law and, at the very best, have those portions striken out (Patriot Act comes to mind) but I don't really see a challenge to the entire law getting too far.
If the SC rules in favor of this, the government, out of principle, should not defend against an invasion should it come to any of these states as not having their own standing armies violates those states' sovereignty. [/sarcasm]
Happens all the time Spurm, business as usual.
yeah, see CIVIL WAR 1860-1865
The law falls apart without the mandate.
I think they're dead in the water on a 10th Amendment challenge.
The Commerce Clause arguments have a better chance, I think, but the Supreme Court has historically (and particularly recently) construed the scope of the Commerce Clause broadly and found a number of things that don't appear at first blush to implicate interstate commerce to be matters that implicate interstate commerce and are, therefore, within the ambit of Congressional lawmaking power. I've heard a few people make compelling arguments today to suggest that his law will easily meet that test; I've heard others make compelling arguments that it won't. Regardless, if the law is going to be reversed in the Supreme Court, I think the commerce clause is the most likely source of its doom.
The deal with the commerce clause is that it has always been used to regulate consumption.
Now you're trying to say it can be used to penalize a lack of consumption? Rather weak.
At no point in America's history have we been compelled under penalty of fine or imprisonment to consume a good. This bill sets a horrible precedent for the future of this country, and drives a stake through the heart of individual freedom.
States Rights.
Political Science 101.
Amplify?
Car insurance.At no point in America's history have we been compelled under penalty of fine or imprisonment to consume a good.
Not necessarily. The law has many parts. The deal with BigPharma, the bigger regulation on Insurance Cos, the removal of pre-existing conditions as an excuse for denying coverage, the mandate to have insurance or pay a fine...
I think the mandate to buy insurance from a private en y is probably what would have the better legs for a challenge, but that doesn't necessarily invalidates the rest of the law.
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