13 attorneys general sue over health care overhaul

[Guest guest]

" " 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. "

" " This is the first time in American history where American

citizens will be forced to buy a particular good or service, " said

Nebraska Attorney General Jon Bruning, explaining why his state joined

the lawsuit. "

 

http://news./s/ap/20100323/ap_on_re_us/us_health_overhaul_lawsuit

13 attorneys general sue over health care overhaul

March 23, 2010

ALLAHASSEE, Fla. – Attorneys general from 13 states sued the federal

government Tuesday, claiming the landmark health care overhaul is

unconstitutional just seven minutes after President Barack Obama signed

it into law.

The lawsuit was filed in Pensacola after the Democratic 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.

Legal experts say it has little chance of succeeding because, under the

Constitution, federal laws trump state laws.

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 ­ Virginia filed its own

Tuesday ­ and still others may join the multistate suit. In Michigan, the

Thomas More Law Center of Ann Arbor, a Christian legal advocacy group,

sued on behalf of itself and four people it says don't have private

health insurance and object to being told they have to purchase

it.

McCollum, who is running for governor, has pushed the 13-state lawsuit

for several weeks, asking other GOP attorneys general to join him. He

says the federal government cannot constitutionally require people to get

health coverage and argues the bill will cause " substantial harm and

financial burden " to the states.

The lawsuit claims the bill violates the 10th Amendment, which says the

federal government has no authority beyond the powers granted to it under

the Constitution, by forcing the states to carry out its provisions but

not reimbursing them for the costs.

It also says the states can't afford the new law. Using Florida as an

example, the lawsuit says the overhaul will add almost 1.3 million people

to the state's Medicaid rolls and cost the state an additional $150

million in 2014, growing to $1 billion a year by 2019.

South Carolina Attorney General Henry McMaster, who is also running for

governor in his state, said Tuesday the lawsuit was necessary to protect

his state's sovereignty.

" A legal challenge by the states appears to be the only hope of

protecting the American people from this unprecedented attack on our

system of government, " he said.

But Lawrence Friedman, a professor who teaches constitutional law at the

New England School of Law in Boston, said before the suit was filed that

it has little chance of success. He said he can't imagine a scenario

where a judge would stop implementation of the health care bill.

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.

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 tax penalties.

" This is the first time in American history where American citizens

will be forced to buy a particular good or service, " said Nebraska

Attorney General Jon Bruning, explaining why his state joined the

lawsuit.

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.

___

Associated Press Writer Meg Kinnard in Columbia, S.C., and Josh Funk in

Omaha, Neb., contributed to this report.

 

Sheri Nakken, R.N., MA, Hahnemannian

Homeopath

Vaccination Information & Choice Network, Washington State, USA

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