Virginia & Florida Become First To File Lawsuits Against Health Care Bill.

[Obama 2012 1,714]

http://www.foxnews.com/politics/2010/03/23/states-plot-block-limit-health-care-reform/

The proverbial ink had yet to dry on the nation's new health care reform law Tuesday before two states -- Virginia and Florida -- filed lawsuits and more scrambled to put up legislative barricades between themselves and the bill requiring Americans to purchase health insurance or face stiff penalties.

The tactics, employed everywhere from Arizona to Virginia, are the strongest sign that the health care reform fight is far from over.

Florida Attorney General Bill McCollum announced he dropped off his challenge at the court at 12:02 p.m. ET, minutes after President Obama's signing ceremony to usher in the massive overhaul. Virginia Solicitor General E. Duncan Getchell walked the six blocks from the state attorney general's office in Richmond to the U.S. District Court to file his claim that the federal law conflicts with recently passed Virginia law saying no resident shall be required to "maintain or obtain" personal coverage.

At least 36 state legislatures so far have proposed measures to challenge the constitutionality of the new federal bill, while 29 states are also calling for ballot questions to amend their constitutions and 13 are looking to change state law.

Some states are doing both.

"They're all very different," said Michelle Blackston, spokeswoman for the National Conference of State Legislatures, which is tracking the proposals.

Most states are seeking to prevent their residents from having to follow the new federal requirement to buy health insurance or to pay the coming fines if they don't. Virginia and Idaho already have enacted such laws.

Others are working their way through the legislative process, according to NCSL.

An Arizona proposal to block the so-called "individual mandate" has passed both legislative chambers. A Utah proposal that requires state permission to enact provisions of the federal law has also passed both chambers; a similar measure to Virginian and Idaho has passed one chamber in Tennessee and Georgia; and resolutions on state constitutional amendments have advanced in Florida and Missouri.

Click here to see a list of state legislative actions.

Some of the actions taken require a simple majority while others require two-thirds approval for passage, meaning an overwhelming portion of state lawmakers would have to object to the federal plan.

One problem facing all the state proposals is that federal law generally trumps state law. Constitutional experts say this means, until a court decision comes along to back them up, the state legislatures' action are mostly symbolic.

But citizen challenges are expected, and at least a dozen state attorneys general have announced their intention to file lawsuits challenging the bill.

Jonathan Turley, law professor at George Washington University, said the interplay between the court cases and the state proposals is key.

He said the state laws prohibiting the mandate from being enforced may not actually stop residents from being fined for not purchasing insurance in the near-term, but they could strengthen the court cases of those challenging the health care bill.

And, in turn, the states may rely on a high-level court decision to be able to exert their independence.

"Ultimately, I think the courts are going to have to resolve this," he said.

Turley said the myriad legal challenges will probably be consolidated and reach the appeals court level, if not the Supreme Court.

"I think the justices would certainly give this a close read for possible review," Turley said.

[Ali G. 37]

They need to hand these books out here:

[Mr. Big Dog 10,747]

McCollum is trying to keep the base excited for his bid to become Governor in FL this fall. Not sure that a failed lawsuit is going to increase his odds of making it. Nor do I think that attempting to yank benefits that seniors in the sunshine state - and kids and some of the uninsured - will start enjoying this year under the legislation is going to win him any popularity contest.

I can just see him talking to seniors: Vote for me - the man that has worked hard and swiftly trying to tear that donut hole wide open again. Or to the parents of kids that couldn't find a job w/ benefits yet out of college: Vote for me because I worked hard and swiftly to make sure your kids cannot stay on your health insurance. Or to the parents that have long unsuccessfully tried to cover their kids that happen to have chronic conditions: Vote for me as will do my best to make sure that your kids won't get health insurance coverage.

Good Luck with that!