10+ States Lined Up To File Lawsuit After Obama Signs Health Care Bill.

[Obama 2012 1,714]

http://www.cnn.com/2010/POLITICS/03/22/health.care.lawsuit/index.html?hpt=T1

(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 would be filed once President Obama signs the health care bill into law. He said he'll be joined by his counterparts in Alabama, Nebraska, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington.

All of the attorneys general in the 10 states mentioned by McCollum are Republican, but McCollum said the lawsuit would be about the law and not politics.

Also Monday, Virginia's Republican attorney general said his state would file a lawsuit challenging the health care bill. It was unclear if Virginia would join the other states or proceed on its own.

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

[Mr. Big Dog 10,747]

Hold on to that hard on while it lasts.

[Trumplestiltskin 5,791]

Hold on to that hard on while it lasts.

I think the conventional advice is to seek emergency medical aid if you have an erection lasting longer than 4 hours.

[Obama 2012 1,714]

Hold on to that hard on while it lasts.

The parts of the bill they are attacking actually carry a lot of weight.

I honestly wouldn't be surprised to see those repealed rather quickly by the Democrats even if they feel the courts might rule against those items.

Because if it rules against those items, it automatically kills the entire bill and they don't want that to happen.

[Sofiyya 1,687]

Statutes can be unconstitutional. Don't forget that. Colorado is preparing a lawsuit over Obamacare, too. That totally blew me away.

[Mr. Big Dog 10,747]

The parts of the bill they are attacking actually carry a lot of weight.

I honestly wouldn't be surprised to see those repealed rather quickly by the Democrats even if they feel the courts might rule against those items.

Because if it rules against those items, it automatically kills the entire bill and they don't want that to happen.

As I said, nurture that hard on for maximum effect.

[ready4ONE 5,400]

The 'it's unconstitutional' argument is more than likely going to fail in the courts.

[Ali G. 37]

I am starting to believe people from around the world that hypothesize the United States will crumble from within.

Cannot wait to move back to AUS and not have to hear this idiocy. Paul, the way Aussie property prices are heading, I'll buy Fort Worth soon - in cash too.

[one...two...tree 2,762]

The 'it's unconstitutional' argument is more than likely going to fail in the courts.

To put this in an historical perspective....(Back when Social Security bill was passed)

A Tea Party That Changed History

As work on the administration's legislative proposal continued into the closing days of 1934, Frances Perkins and her team were beginning to grow worried. This was a new area of American law and practice and there were serious constitutional questions about any Social Security scheme. The team was unable to decide on what basis to design the new system, but they knew the wrong choice might doom all hopes for the program. Just then fate lent a hand.

At the time, Harlan F. Stone was an Associate Justice of the Supreme Court (later to be elevated to Chief Justice), and he and his wife often held tea parties on Wednesday afternoons . Although she was not by nature fond of such affairs, Frances Perkins dutifully arrived at 5:45 p.m. one Wednesday afternoon for tea with the Stones and their guests.

At one point in the afternoon Secretary Perkins found herself seated next to Justice Stone, and in their small talk he inquired as to how her work was going. The Secretary freely admitted they were stuck on the Administration's new Social Security bill, and were uncertain on what basis the new program should be founded. Upon hearing this, the Justice looked around to see if anyone was listening, leaned over to her, and putting his hand up to his mouth, whispered, "The taxing power of the Federal Government, my dear; the taxing power is sufficient for everything you want and need." The Secretary excitedly returned to her staff and announced she had made up her mind, they would base the new program on the government's power to tax. (She never told them how she had finally come to this insight.)

When the new law was enacted, based on the power to levy payroll taxes, it was immediately challenged in the courts. And Justice Stone's provident prediction bore out. On May 24, 1937 the Supreme Court ruled 7-2 that the new Social Security program, based on the government's broad power to tax, was fully constitutional.

So if a Supreme Court Justice invites you to tea, you should go. It just may be an invitation to change the course of history!

(Frances Perkins recounted this story in a speech to SSA employees on October 23, 1962. The speech was subsequently published by SSA in booklet form, as "The Roots of Social Security," SSA Publication EP 17, 1963. Now out print, the full text of Mrs. Perkins' speech is available elsewhere on this web site.)

[Obama 2012 1,714]

To put this in an historical perspective....(Back when Social Security bill was passed)

It is a bit different though.

This is not a "tax" through payroll. This is a product that you must buy on your own or otherwise face penalties/fines.

Two different items.

Now, if the Federal Government wanted to add a "health care payroll tax" per se, I can see that holding up just fine.

As it stands now however, we are comparing apples to oranges.

[Fandango 1,439]

Yay Florida! You make me proud!

[Justine+David 218]

Very surprised to learn that Washington state's attorney general is a Republican since most of the state is very left-wing. Hmm...wonder what the dems who supported him will think now?

[LaL 418]

Yay Florida! You make me proud!

Does Florida offering Citizen's to those who cannot obtain insurance elsewhere bother you as well?

[Danno 1,228]

All one has to do is get that one little provision of "mandating people to buy insurance" to be struck down, not the whole Bill.

If that one provision is shot down the whole thing crumble on it's own.

[Justine+David 218]

^^ haha YES! (edit: post above the next one)

Honestly!

I don't understand how so many people can be so heartless when it comes to their neighbers. I guess it's easier to turn your face away when you don't work in a hospital and see health insurance ####### happen...c'mon, kids who are denied healthcare because of preexisting conditons? KIDS?!

I am overjoyed that this has passed and if it means that I have to pay a 5% more in taxes at my under six-figures salary, I'd do it in a heartbeat. Moral conscience and all that, yo.

Edited March 23, 2010 by Justine+David