Posted on 01/13/2011 9:46:27 PM PST by Nachum
The state of Kansas recently asked to join the lawsuit challenging the constitutionality of the Obama health care plan filed by 20 state governments and the National Federation of Independent Business. Ohio, Wisconsin, and Wyoming are also seeking to join the multistate lawsuit, while Virginia and Oklahoma have filed separate challenges to the law. That brings the total number of state governments litigating against the plan to twenty-six. We now have a historically unprecedented situation where a majority of state governments are challenging the constitutionality of a major recently passed federal law. In our two hundred year history of constitutional litigation, that has never happened before.
Legally speaking, it doesn’t matter whether the number of states challenging the law is twenty-six or two. Indeed, it should not even matter whether any states oppose the law at all, so long as there is at least one private plaintiff with standing (and there are in fact many such). The arguments for and against the law will be the same.
(Excerpt) Read more at volokh.com ...
Wow. Before you know it, all 57 states will be in the lawsuit...
The list, ping
Let me know if you would like to be on or off the ping list
Wow. So 27.
Great. Two thirds is what? 33?
Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Indiana, Idaho, Kansas, Louisiana, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Dakota, Ohio, *Oklahoma* Pennsylvania, South Carolina, South Dakota, Texas, Utah, *Virginia*, Washington, Wisconsin and Wyoming.
Red states still to come: Montana, Kentucky, Tennessee, North Carolina, Arkansas, West Virginia, New Hampshire.
New Hampshire would make it 34.
34 is the magic number. 2/3 of the states can under Article 5 stop anything the Feds do. If they have the will to do it. But just the threat would be enough to stop them cold.
Getting up there. Seems quite possible. All they would have to do is get all the states in that voted for Bush. Might take a couple months but they only need 7 more.
GOOD for Kansas. Now if TN can get rid of it’s LIB AG we could join them. We now have GOP in control of the legislature and governorship...judges are still libs.
26 out of 57 isn't bad, how many do we need for a constitutional amendment?
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