Posted on 03/30/2010 9:16:52 AM PDT by Ebenezer
As Louisiana’s attorney general, I am duty-bound by my oath of office to pursue a request by the governor of the state of Louisiana for legal assistance, so long as it has substantial legal merit.
To save Louisiana the potential expense of filing a separate lawsuit regarding the federal health-care legislation, it was my decision to sign-on to Florida’s well-drafted action at minimal cost to Louisiana and accomplish the same legal purpose.
According to state Department of Health and Hospitals Secretary Alan Levine, a substantial financial burden is imposed on Louisiana by this legislation. According to Secretary Levine, there is a minimum added cost to Louisiana of approximately $350 million a year to implement this act, because Congress passed this as an UNFUNDED MANDATE by the federal government to the state government.
This will cause our poorest people to be severely impacted by this far-reaching action by Congress. Unfunded mandates have been successfully challenged in court before.
Also, a primary issue is whether the Congress can order every person to have insurance or pay a severe penalty if they don’t. People are not given a choice to “opt-out” legally.
Unlike mandatory rules governing Medicare and Medicaid, this new federal law will penalize and punish citizens for simply electing not to buy the mandated health insurance. This is new territory that has not been tested in the courts, which is where such matters are resolved.
As Louisiana attorney general, I will not engage in political opportunism or partisan politics nor file any claim that does not have substantial legal merit.
James D. “Buddy” Caldwell, Louisiana attorney general, Baton Rouge
Pelican State ping
He sounds like a politician with integrity. I hope I’m right. More than any other group in the history of the world, our Democrats need men with integrity.
Yes! It’s On!!!!!
We must all “opt out.” Let’s see how they prosecute 50 million of us?
How long before Henry Waxman orders AG’s to Washington for their depositions?
God, I hate it when Waxman is in the news.....I always have nightmares for days after seeing his mug in articles or on TV.
In Wisconsin the leftist Governor, Jim Doyle, told the State AG not to pursue a proposed challenge to the constitutionality of Obamacare. Doyle’s decision was purely political. It seems to me that if a law appears to be unconstitutional the states have a duty to test it in court. That sort of challenge is essential to the sovereignty of the states.
That’s our AG’s excuse. (Terry Goddard, Dem AG, running for Gov of AZ, alert). He is refusing because his staff says it’s Constitutional and it’s too expensive to sue, never mind Arizona will lose more money with this Unfunded Mandate.
Gov Brewer is asking the legislature for permission to sue.
Glad Buddy is doing this.
Jindal was supposedly behind the Louisiana Purchase perks. Hope he comes out opposing them, refusing to take a cent from this plan, and agrees with the lawsuit.
We void that plan by organizing and bringing our own lawsuits.
The states will fold when the feds put the money squeeze on them.
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