[Twenty-seven] states/state attorneys general file lawsuit on health care bill

[Dos Equis]

Thank you Mr. President.  

Two state attorneys general ready to file lawsuit on health care bill
Posted: March 19th, 2010

From CNN Ticker Producer Alexander Mooney

(CNN) - Should the Democrats' health care reform bill make it to President Obama's desk, at least two Republican state attorneys general are prepared to file a lawsuit challenging its constitutionality.

South Carolina Attorney General Henry McMaster told CNN he and Florida Attorney General Bill McCollum are ready to take issue with a controversial provision known as "the cornhusker kickback" that exempted the state of Nebraska from paying for Medicare costs and with another provision that mandates all Americans buy health insurance.

The provision giving special treatment to Nebraska was not included in the House bill unveiled Thursday but the legislation must be returned to the Senate before final passage. Democratic leaders have vowed that provision is dead but thirteen other attorney generals in addition to McMaster and McCollum have already signed on to the plan to file a lawsuit if the so-called "cornhusker kickback" is included in any final version of the bill signed by Obama.

But even if that controversial provision is removed, McMaster and McCollum say the bill's individual mandate provision is an unconstitutional encroachment on state authority as protected by the 10th Amendment - the part of the Constitution that provides all powers not explicitly granted to the federal government continue to remain with the states.

"The individual mandate is unconstitutional and a violation of state sovereignty and individual liberty," McMaster told CNN. "This is the most egregious, unconstitutional legislation that we can remember."

But proponents of the legislation maintain it is clearly constitutional under the federal government's constitutional power to regulate interstate commerce - a power the Supreme Court has long said provides Congress with wide discretion to pass legislation in areas not explicitly mentioned in the Constitution.

But McMaster says this bill is a clear departure from what the Supreme Court has said was permissible in the past because, instead of regulating a pre-existing purchase, the health care bill requires individuals to make a purchase of insurance coverage.

"If you choose to get into interstate commerce, the Congress can regulate it," he said. "But here, the difference is that this is requiring folks to get into interstate commerce by buying insurance. That's blatantly unconstitutional I believe."

While McMaster and McCollum are seeking their states' respective GOP gubernatorial nominations, McMaster says their lawsuit has nothing to do with politics.

"We are motivated by the law, according to the constitution," McMaster said.

http://politicalticker.blogs.cnn.com/2010/03/19/two-state-attorneys-general-ready-to-file-lawsuit-on-health-care-bill/?fbid=I1oFms_p6Am#more-95335

[Dos Equis]

I like it. 

States plan lawsuit against new health care bill
Posted: March 22nd, 2010

(CNN) - Ten states plan to file a federal lawsuit challenging the constitutionality of the new health care reform bill, Florida's attorney general announced Monday.

Bill McCollum, the Republican attorney general under fellow Republican Gov. Charlie Crist, told a news conference that the lawsuit - joined by his counterparts in Alabama, Texas, South Carolina, Utah, Nebraska, Pennsylvania, Washington state, North Dakota and South Dakota - would be filed once President Barack Obama signs the health care bill into law.

The U.S. House of Representatives passed the bill on Sunday night, and Obama intends to sign it on Tuesday, according to Democratic sources.

McCollum said the lawsuit would challenge the bill's provision requiring people to purchase health insurance, along with provisions that will force state government to spend more on health care services.

"This is a tax or a penalty on just living, and that's unconstitutional," he said of the mandate to purchase health coverage. "There's no provision in the Constitution of the United States giving Congress the power to do that."

McCollum also said that portions of the bill would force states to spend money they don't have, which he called a violation of the 10th Amendment to the Constitution.

"There's no way we can do what's required in this bill and still provide for education, for foster care, for the incarceration of prisoners, all the other things that are in this bill," he said.

McCollum said he expected the lawsuit to eventually reach the U.S. Supreme Court.

Later Monday, White House Press Secretary Robert Gibbs said the Obama administration expected to win any lawsuits filed against the health care bill.

http://politicalticker.blogs.cnn.com/2010/03/22/states-plan-lawsuit-against-new-health-care-bill/?fbid=I1oFms_p6Am#more-95967

[240 is Back]

when gore sued to have the FL ballots hand-counted for accuracy, he was a little bitch, right?

when kerry sued to have the OH ballots hand-counted for accuracy, he was a little bitch, right?


But when a majority-passed bill passes, everybody put in your tampons and sue sue sue!

[Dos Equis]

   More moral equivalency.  Fail. 

This is the part Americans should be up in arms about:

McCollum said the lawsuit would challenge the bill's provision requiring people to purchase health insurance, along with provisions that will force state government to spend more on health care services.

"This is a tax or a penalty on just living, and that's unconstitutional," he said of the mandate to purchase health coverage. "There's no provision in the Constitution of the United States giving Congress the power to do that."

[240 is Back]

it's funny.  Dems advocate punishing people who burden society with ER walk-in visits.  Repubs want to just take care of anyone with a boo-boo for free.

It's a sad state of affairs when the Repubs are the party of "we'll take care of you - no need for personal responsibility!"

[24KT]

when gore sued to have the FL ballots hand-counted for accuracy, he was a little bitch, right?

when kerry sued to have the OH ballots hand-counted for accuracy, he was a little bitch, right?


But when a majority-passed bill passes, everybody put in your tampons and sue sue sue!

They shouldn't get tampons. they should be forced to make do with sanitary pads, or even better... leaves. 

[240 is Back]

That say that if men bled, tampons would be free.

[Hugo Chavez]

when gore sued to have the FL ballots hand-counted for accuracy, he was a little bitch, right?

when kerry sued to have the OH ballots hand-counted for accuracy, he was a little bitch, right?


But when a majority-passed bill passes, everybody put in your tampons and sue sue sue!

Kerry sued to have the OH ballots counted?  Really?  I just remember him conceding right away.

[240 is Back]

actually, maybe it was the repubs suing to prevent them from being counted in paper backup format- yes, that was the case.  They are still sealed to this day.  Repubs then sued to ahve them DESTROYED.  I laughed at the time, as I was a bush lover and was all to happy to cheat my party's way to victory.  I was a repub scumbag shill.  

[Tito24]

actually, maybe it was the repubs suing to prevent them from being counted in paper backup format- yes, that was the case.  They are still sealed to this day.  Repubs then sued to ahve them DESTROYED.  I laughed at the time, as I was a bush lover and was all to happy to cheat my party's way to victory.  I was a repub scumbag shill.  

the flotsam also filed lawsuits left and right when they passed social security, etc? How did those lawsuits turn out?

[Dos Equis]

actually, maybe it was the repubs suing to prevent them from being counted in paper backup format- yes, that was the case.  They are still sealed to this day.  Repubs then sued to ahve them DESTROYED.  I laughed at the time, as I was a bush lover and was all to happy to cheat my party's way to victory.  I was a repub scumbag shill.  

Really?  Link? 

[turrilli]

when gore sued to have the FL ballots hand-counted for accuracy, he was a little bitch, right?

when kerry sued to have the OH ballots hand-counted for accuracy, he was a little bitch, right?


But when a majority-passed bill passes, everybody put in your tampons and sue sue sue!

This is a very different situation. When gore sued it was one man complaining. This is the state, the people of those states do not want the bill. By constitutional law the people of the various states have a right to do so against any legislation the fed gov passes that they deem an infringement on their sovereignty.

2nd thing, this was hardly a majority bill passed...granted, it was the majority of the house that passed it but the house of representatives is supposed to be a direct reflection of the will of the American people...they in fact did not represent the American people with this bill, they out right and blatantly ignored it.

[240 is Back]

hahahaaaaaaaaaaaaaaaaaaa

the ballots disappeared.  that shit is rich LMAO

http://www.alternet.org/story/58328/

Blackwell, a republican, sued. 

On Aug. 23, 2006, lawyers for the King Lincoln Bronzeville Neighborhood Association notified the Secretary of State's office of their voter suppression suit. The following day Blackwell's office sent letters to all 88 of Ohio's county Boards of Election, notifying them of the suit. It is customary for public officials to preserve potential evidence when notified of pending litigation. Blackwell negotiated with opposing attorneys and agree to send a directive to election boards saying the ballots should be retained. Ian Urbina, a New York Times reporter working on the story, reported that Blackwell said he would be creating a process whereby county election officials could eventually review and dispose of the 2004 ballots.


Blackwell was co-chair of the state's Bush-Cheney campaign.

Tons of good stuff in there.

It's good to have you back BB.  Why did you disappear for all those months?  Missed your threads man!

[Dos Equis]

hahahaaaaaaaaaaaaaaaaaaa

the ballots disappeared.  that shit is rich LMAO

http://www.alternet.org/story/58328/

Blackwell, a republican, sued. 

On Aug. 23, 2006, lawyers for the King Lincoln Bronzeville Neighborhood Association notified the Secretary of State's office of their voter suppression suit. The following day Blackwell's office sent letters to all 88 of Ohio's county Boards of Election, notifying them of the suit. It is customary for public officials to preserve potential evidence when notified of pending litigation. Blackwell negotiated with opposing attorneys and agree to send a directive to election boards saying the ballots should be retained. Ian Urbina, a New York Times reporter working on the story, reported that Blackwell said he would be creating a process whereby county election officials could eventually review and dispose of the 2004 ballots.


Blackwell was co-chair of the state's Bush-Cheney campaign.

Tons of good stuff in there.

It's good to have you back BB.  Why did you disappear for all those months?  Missed your threads man!

This does not support your contention that "the repubs [sued] to prevent them from being counted in paper backup format- yes, that was the case.  They are still sealed to this day.  Repubs then sued to ahve them DESTROYED."

According to your link, this was a suit filed by the "King Lincoln Bronzeville Neighborhood Association."  Doesn't sound like "Republicans" to me.  Also, they sued to have ballots preserved, not destroyed.  Did you actually read the link?

[24KT]

That say that if men bled, tampons would be free.

...and sanitary napkins would be worn on the outside of our clothing. 

[Hugo Chavez]

looks like somebody tried to cover their asses.  I doubt the republicans wanted to save the ballots.

http://www.alternet.org/story/58328/?page=1

[Soul Crusher]

Michael Savage had a guy on tonight who discussed the fact that this bill mnight go down in court because of its religious discrimination component.  It sets out a carve out only for amish people w religious objections.  The attorney said he was suing saying that unless all religions are permitted this exemption, the bill is unconstitutional and he is going to court over that.   

[newmom]

Michael Savage had a guy on tonight who discussed the fact that this bill mnight go down in court because of its religious discrimination component.  It sets out a carve out only for amish people w religious objections.  The attorney said he was suing saying that unless all religions are permitted this exemption, the bill is unconstitutional and he is going to court over that.   

see I dont get that..what happend between seperation from church and state..If I'm gonna be fined 350 for not having insurance (I do) just stating that I don't think Amish should be seperate

[Soul Crusher]

see I dont get that..what happend between seperation from church and state..If I'm gonna be fined 350 for not having insurance (I do) just stating that I don't think Amish should be seperate

Yeah, it was some crazy stuff like that. 

[Straw Man]

I wonder what will happen when uninsured people in these 10 states insist on having access to the programs included in the legislation?

[Dos Equis]

Attorneys general sue over health care overhaul
Associated Press

TALLAHASSEE, Fla. —Attorneys general from 13 states sued the federal government today, claiming the landmark health care overhaul bill is unconstitutional just seven minutes after President Barack Obama signed it into law.
 
The lawsuit was filed in Pensacola after the president signed the bill the House passed Sunday night.

"The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage," the lawsuit says.

Florida Attorney General Bill McCollum is taking the lead and is joined by attorneys general from South Carolina, Nebraska, Texas, Michigan, Utah, Pennsylvania, Alabama, South Dakota, Idaho, Washington, Colorado and Louisiana. All are Republicans except James "Buddy" Caldwell of Louisiana, who is a Democrat.

Some states are considering separate lawsuits and still others may join the multistate suit.

McCollum, who is running for governor, has pushed the lawsuit for several weeks, asking other GOP attorneys general to join him. He says the federal government cannot constitutionally require individuals to obtain health coverage. He is also arguing the bill will cause "substantial harm and financial burden" to the states.

Some states are also looking at other ways to avoid participating in the overhaul. Virginia and Idaho have passed legislation aimed at blocking the bill's insurance requirement from taking effect, and the Republican-led Legislature in Florida is trying to put a constitutional amendment on the ballot to ask voters to exempt the state from the federal law's requirements. At least 60 percent of voters would have to approve.

McCollum was working with officials from several state agencies to determine how much the health care overhaul would cost the state. He said earlier this month, "I can't conceive of any good in this bill and I don't think any of these agencies can."

Under the bill, starting in six months, health insurance companies would be required to keep young adults as beneficiaries on their parents' plans until they turn 26, and companies would no longer be allowed to deny coverage to sick children.

Other changes would not kick in until 2014.

That's when most Americans will for the first time be required to carry health insurance — either through an employer or government program or by buying it themselves. Those who refuse will face penalties from the IRS.

Tax credits to help pay for premiums also will start flowing to middle-class working families with incomes up to $88,000 a year, and Medicaid will be expanded to cover more low-income people.

No Republicans in the U.S. House or Senate voted for the bill.

http://www.honoluluadvertiser.com/article/20100323/BREAKING/100323013/Attorneys+general+sue+over+health+care+overhaul

[George Whorewell]

Here is the only real issue-- Will the Supreme Court hear the case?

On commerce clause grounds, the bill is unquestionably unconstitutional. There is no federal police power, and the federal government cannot force the citizens of the US to buy a service or be subject to penalties. The fed can give incentives, but it cannot punish states and individual citizens through the Commerce Clause. Congress can only goes as far as the constitution allows and no further. 

On 10th amendment grounds, it's a tougher legal question to answer-- but it is certainly one worth exploring.

In my estimation, the Supreme Court will be divided 5-4 and deny to hear the lawsuit. The 4 justices that actually know their constitutional law and adhere to prior precedent will find the constitutional challenge to be a legal one. The 4 pie in the sky liberal wimps on the bench will almost certainly rule that the challenge is a political question, and therefore not ripe for adjudication. The swing justice will probably vote with the other 4 liberal justices because healthcare is a "moral issue".

[Straw Man]

I've got a simple fix for this.

Everyone is given the chance to "opt out" and agree to forfeit all future chance to join - PERIOD. 
But with that choice they also agree that if they ever need an ambulance, emergency room or any other medical care they either have to pay for it out of pocket or have it covered by private health insurance (which presumably they've voluntarily paid for or received from their employer).

Here the bottom line - If they don't have insurance and they incur medical costs then they agree to have their wages garnished or their property seized and sold to pay the costs.   They will not get to use the emergency room as their back up plan because they were too cheap to buy insurance.   They can't pass their choice to take on risk to the public

I'd honestly be fine with that and if it means that thousands or hundreds of thousands of morons suffer and die from what would otherwise be a non-fatal event (illness, disease, addident, etc...) I'd consider it just an example of survival of the fittest and probably a good thing for the human race

[drkaje]

Double Bee,

What do you think about term limits now?!

[George Whorewell]

Straw I have an even more simple fix.

Survival of the fittest- Let everyone with preexisting conditions die right now with zero coverage. Everyone without coverage now can also die. Life goes on the way it always has.

Afterall, if people get sick and die, they probably were meant to be taken out of the genepool right?