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Florida Republican (Atty General McCollum) May File Suit Over Health Bill
New York Times ^ | December 30, 2009 | Damien Cave

Posted on 12/31/2009 2:32:14 PM PST by reaganaut1

Florida’s attorney general questioned the constitutionality of the federal health care bill on Tuesday, calling on states to study whether to file suit to kill a provision requiring that individuals buy health insurance or pay a fine.

The attorney general, William McCollum, a Republican who is running for governor in 2010, said that the so-called mandate was “an affront to our country’s principles.” He added that the fine might be illegal because, in his view, it is disconnected from any commercial act.

“It’s a tax on living,” Mr. McCollum said in a telephone conference call with reporters. “It’s a tax on people or a penalty on those who don’t do anything.”

Mr. McCollum’s stance places him in line with the attorneys general of South Carolina and nearly a dozen other states who have also threatened to sue over the mandate.

Health care has already become a major dividing line in Florida’s political campaigns ahead of 2010 elections. As if on cue, Democrats responded within minutes of Mr. McCollum’s announcement on Tuesday.

In a Twitter message, State Senator Dan Gelber, a Democrat who is running for attorney general, wrote, “I wish McCollum was as concerned about solving Florida’s health care crisis as he was about stopping the solving of the health care crisis.”

Mr. Gelber later added: “There are four million Floridians without health care, including 800,000 children. Only one state has a higher percentage of uninsured.”

The argument over the mandate’s legality, however, did not necessarily begin with elected officials. Mr. McCollum’s position closely follows what was already laid out by conservative opponents outside government — bloggers, former Justice Department lawyers and research groups.

The Heritage Foundation, for example, posted a lengthy legal analysis on Dec. 9 that argued that Congress had specific, limited powers

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; Politics/Elections; US: Florida
KEYWORDS: 2010; chemerinsky; dangelber; elections; healthcare; mccollum; nullification; obamacare; vote; williammccollum

1 posted on 12/31/2009 2:32:16 PM PST by reaganaut1
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To: reaganaut1

Sheesh, Threatened? He should make up his mind. Get back to me when he files.


2 posted on 12/31/2009 2:36:17 PM PST by Freedom_Fighter_2001
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To: Freedom_Fighter_2001

Agreed, it has to officially pass before he can file a suit. He better get in line though, lots of people already waiting their turn to file when the doors open.


3 posted on 12/31/2009 2:54:33 PM PST by CSA Rebel
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To: reaganaut1
Walter Williams, subbing for Rush today, on health insurance mandate:

"There's no comparison whatsoever between being required to buy auto insurance and health insurance. Driving a car is a licensed enterprise and you agree to the requirements. That's not health insurance. The only comparison would be if people were required -- children, the blind, infants -- to buy auto insurance whether they own a car or not."

4 posted on 12/31/2009 2:58:55 PM PST by smoothsailing
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To: reaganaut1
The attorney general, William McCollum, a Republican who is running for governor in 2010, said that the so-called mandate was “an affront to our country’s principles.”

He's off to a good start.


5 posted on 12/31/2009 3:05:26 PM PST by darkwing104 (Lets get dangerous)
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To: reaganaut1

How many BLUE STATES are filing similar lawuits?


6 posted on 12/31/2009 3:14:51 PM PST by traditional1 ("Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
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To: reaganaut1

“There are four million Floridians without health care, including 800,000 children. Only one state has a higher percentage of uninsured.”
There are 4 million Floridians who choose not to have health insurance as it is readily available thru cover Florida however it is not inexpensive for the coverage you get. The market provides better coverage at a lower price if you accept exclusion of your preexisting conditions. The uncovered children have stupid parents as Healthy kids is readily available and cheap too unless you are too poor then they give you the same coverage for free under medicaid.


7 posted on 12/31/2009 3:43:26 PM PST by scottteng (IMPEACH OBAMA I am Jim Thompson)
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To: darkwing104

But he has refused to investigate the “pancake” scandal involving the Sun Rail legislation.
http://www.orlandosentinel.com/news/opinion/os-ed-paula-dockery-122809-20091224,0,4718432.story


8 posted on 12/31/2009 4:17:34 PM PST by mazda77 (Rubio for US Senate - West FL22nd - Dockery for Gov.)
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To: traditional1
Rather, the real question is: "How many RED STATES are filing similar lawuits"?!


9 posted on 01/01/2010 11:12:28 AM PST by free1977free
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To: All

ATTENTION FELLOW TEXANS:

Governor Rick Perry may invoke the 10th Amendment over
http://www.freerepublic.com/focus/news/2299225/posts?q=1&;page=51

.

Get after Perry, Texans. Burn up his switch board and fax!
Let him know we don’t want Obama DeathCare.

Say no to Obama’s DeathCare.

Send a message; DON’T MESS WITH TEXAS healthcare!

No! NO you don’t, you muzzie pos.

You’re not denying our seniors deserved health care while insuring millions of illegal aliens and while Demorats are REJECTING Obamacare for themselves and their families!

.

.

.

Join organizations who fight ObamaCare.

This is a good organization:
The Alliance of Texans Against Government Controlled Healthcare:
http://www.notintexas.org/

office (972) 466-2915
fax (972) 466-2965
toll-free (866) 377-1300

From the website:
We are currently contacting Governor Rick Perry by fax and mail!

We have made it easy for you to help. Click here to display the letter and contact information.
http://www.notintexas.org/Letter_rick_perry.htm

Petition to STOP government controlled healthcare in Texas
Read and sign the petition
http://www.notintexas.org/Letter_to_Reps.htm

.

Print and sign the letter
(feel free to make changes if you wish)

Fax the letter to the fax numbers

Mail a hard copy to the addresses

Call their offices

Dear Governor Perry,

On March 30, 2009 the Texas House of Representatives passed HCR 50 affirming that the State of Texas claims sovereignty under the Tenth Amendment.

You have publicly supported this bill, and stated that attorney generals from all over the union could be getting ready to sue the US Government.

We are asking you to take the lead.

We are asking you to order the Texas Attorney General to publicly begin working on a law suit under Article IV, Ninth, and Tenth Amendment of the Constitution.

We are asking you to protect the citizens of Texas that we will not stand for government controlled healthcare in our state.

Under your leadership we can effectively kill the proposal of this administration and allow Texas to be a state free from socialism and collectivism.

Be the voice of reason in the national debate and allow Texans the ability to solve the problems of our state.

Thank you,

(Signature Date)

.

Lookup your state representatives

FREE FAX SERVICSES:
http://www.gotfreefax.com/
http://faxzero.com/
or google ‘free fax’

Contacting Rick Perry

Office of the Governor
P.O. Box 12428
Austin, Texas 78711
Phone: (512) 463-2000
Fax: (512) 463-1849

Washington Office:
122 C St., NW, Ste. 200
Washington, DC 20001
Phone: (202) 638-3927
Fax: (202) 628-1943

Contact Budget Planning and Policy

Address:1100 San Jacinto
Austin, Texas 78701
Phone: (512) 463-1778
Fax: (512) 463-1975
Gregory S. Davidson
Constituent Communication Division Director and
Executive Clerk to the Governor
Phone: (512) 463-1873

Office of the General Counsel
Department Mailing Address
P.O. Box 12428
Austin, TX 78711
Phone: 512.463.2000
Fax: 512.463.1932

Press Secretary
Allison Castle, Press Secretary
P.O. Box 12428
Austin, Texas 78711
Phone: (512) 463-1826
Fax: (512) 463-1847

Contact Texas Health Care Policy Council
P.O. Box 12428
Austin, Texas 78711
Phone: (512) 463-1778
Fax: (512) 463-1975

Sign up. Become a member.
Sign petition against Obamacare!
See member interview with Cavuto!

____________________

From Texans Against Government Controlled Health Care

http://www.notintexas.org/

Facts about the 10th Amendment:

The Tenth Amendment (Amendment X) of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791. The Tenth Amendment restates the Constitution’s principle of Federalism by providing that powers not granted to the national government nor prohibited to the states are reserved to the states or the people.

HCR 50 HAS PASSED THE HOUSE 99-36!

HCR 50 HAS PASSED THE HOUSE 99-36!
Affirming that the State of Texas claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the U.S. Constitution, serving notice to the federal government to cease and desist certain mandates, and providing that certain federal legislation be prohibited or repealed.

Take Action! Before it is too late!

.

.

.
__________________________

REMEMBER THIS,TEXANS:

Feds Have Built Only 32 Miles of 700 Mile Double-Border Fence Originally Mandated by Congress

“One reason DHS has been able to do this is an amendment that Sen. Kay Bailey Hutchison (R.-Texas) slipped into an omnibus appropriations bill that Congress passed on December 18, 2007. Hutchison’s amendment put a loophole in the fence law that allowed the secretary of Homeland Security not to build the fence Congress had mandated the year before.”
http://www.cnsnews.com/news/article/43422


10 posted on 01/01/2010 12:12:01 PM PST by patriot08 (TEXAS GAL- born and bred and proud of it!)
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