Republican attorneys general in 11 states warned that lawsuits will be filed to stop the federal government overstepping its constitutional powers and usurping states' sovereignty.
States are concerned the burden of providing healthcare will fall on them without enough federal support.
Ten of the attorneys general plan to band together in a collective lawsuit on behalf of Alabama, Florida, Nebraska, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah, and Washington.
"To protect all Texans' constitutional rights, preserve the constitutional framework intended by our nation's founders, and defend our state from further infringement by the federal government, the State of Texas and other states will legally challenge the federal health care legislation," said Texas Attorney General Greg Abbott, in a statement.
The Republican attorneys general say the reforms infringe on state powers under the U.S. Constitution's Bill of Rights.
Virginia Attorney General Kenneth Cuccinelli, who plans to file a suit in federal court in Richmond, said Congress lacks authority under its constitutional power to regulate interstate commerce to force people to buy insurance. The bill also conflicts with a state law that says Virginians cannot be required to buy insurance, he said.
"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?"
In addition to the pending lawsuits, bills and resolutions have been introduced in at least 36 state legislatures seeking to limit or oppose various aspects of the reform plan through laws or state constitutional amendments, according to the National Conference of State Legislatures.
So far, only two states, Idaho and Virginia, have enacted laws, while an Arizona constitutional amendment is seeking voter approval on the November ballot. But the actual enactment of the bill by President Barack Obama could spur more movement on the measures by state lawmakers.
13 comments:
Good luck with that. The states should focus on the needs of the people and not on frivilous lawsuits.
You can rest assured that this won't happen in Maryland!
How does the 10th amendment play into this? "The powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the people" In other words, the states only have the power over items which the federal government has not addressed through law.
The Supremacy Clause(Article VI)makes it clear that federal law is supreme over state law or local ordinance. "This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding."
Also, the Commerce Clause gives the federal governement the power to regulate anything which may impact multiple states with the intent to maintain uniform law between those states.
I'm certainly no lawyer, but I just don't see where they have a case, and I am concerned this will just be another example of political grandstanding which only hurts the tax payer. Unlike many, I am open minded, and if I am way off here, I welcome you to teach me how and why.
All good, but Maryland won't be one of them states to pass legislatio like the others and most are dems who said on c-span during voting that we the people want this bill as is...
Lets see what happens after Novenmber
10:04
As you daid you are no lawyer. I am sure that these attorneys general (lawyers) would not be filing these suits and wasting money if they did not believe they were correct on the issues. Also I suspect if they manage to get it to the supreme court, they would like to set Osama down a notch or two.
10:47
I'm just trying something new... using a common sense approach based on the actual wording of the Constitution instead of using only what people tell me. If these attorneys were liberal and fighting for the president, would you have the same confidence?
Honestly, I'm hoping somebody can tell me where I'm wrong. Can you?
Good politics, poor legal strategy. They know this just spending their states money.
Lol, this will never happen too many people's LIVES depend on this new bill
oh wait
republicans only care about themselves
Don't count the ultra socialist state of Maryland to be amongst them.
The health care bill will cut the federal deficit. It will provide health care for everyone - not just the rich. The middle class will benefit because premiums will go down when they don't have to pay for uninsured people. The rich republicans don't care. They can afford health care the way it is and the health insurers and drug companies rule the country as it is now. Poor rich republicans. They might have to pay a few more dollars that they never would miss anyway because they are two busy manuvering their money around so they don't have to pay any taxes!! I know. I work for one of them.
Maybe we can have you wingnuts move to those states.
BTW is Rush leaving the country.
I will pay for his ticket.
I wouldn't be so sure about Maryland....just saying'.
Post a Comment