States launch lawsuits against healthcare plan

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States

launch lawsuits against healthcare plan Reuters, Monday, March 22, 2010

 

 

 

 

CHICAGO (Reuters) -

Less than 24 hours after the House of Representatives gave final

approval to a sweeping overhaul of healthcare, attorneys general from

several states on Monday said they will sue to block the plan on

constitutional grounds.

 

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

attorney generals say the reforms infringe on state powers under the

Constitution's Bill of Rights.

 

Virginia Attorney

General Kenneth Cuccinelli, who plans to file a lawsuit in federal

court in Richmond, Virginia, 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 added.

"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.

As is the case on the

Congressional level, partisan politics is in play on the state level, where

no anti-health care reform legislation has emerged in

Democrat-dominated states like Illinois and New York, according to the

NCSL.

Florida Attorney

General Bill McCollum, a Republican candidate running for governor,

said the mandate would cost Florida at least $1.6 billion in Medicaid

alone.

All states would

receive extra funding to cover Medicaid costs that are expected to rise

under the reform, including 100 percent federal coverage for new

enrollees under the plan through 2016.

Medicaid is the

healthcare program for the poor jointly administered by the states and

federal government.