Posted on 03/23/2010 10:14:19 AM PDT by MrChips
Edited on 03/23/2010 10:22:28 AM PDT by Admin Moderator. [history]
Attorneys general from 13 states sued the federal government Tuesday, claiming the landmark health care overhaul bill 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.
(Excerpt) Read more at aolnews.com ...
I *think* that SCOTUS can take a case at any time, but only if they want to. A case can’t be brought to them directly.
Not sure how it works exactly, but in 2000 they grabbed the Florida Gore election case, didn’t take 2 years to get there.
This lawsuit is perhaps the only peaceful way to get rid of this commie care caca. I’m not lying when I say I am willing to die to keep from participating in their system.
This case is completely different from that of Social Security.
The budgetary concerns are hyperbole. An AG legal staffs will motion, respond, reply, research, communicate, coordinate, strategize and set tactics using about 4 FT attorneys and the same number of assistants and secretaries. It’s hardly a concern as these are government attorneys who are on salary and production.
As far as ‘others’ stating slim chances for success, there are more fine legal scholars and constitutional law professors all over the internet that say there is not one part of the Constitution that would leave this bill standing.
Amnesty and Cap& Trade will further infuriate the public and bring them to the boiling point. That is not good but I personally would welcome it as it would usher in a set of real conservative reforms.
http://www.freerepublic.com/focus/f-news/2477434/posts?page=52#52
One bank in ND or SD [can't remember which] was exempted and CAN still write student loans ...
I moved from Bolingbrook (SW sububs of Chicago) to Florida back in 1992. I don’t miss Illinois at all exceptr for the great Joliet American Legion Band which I was a member fo for 8 years.
As do I.
Arizona put it up for vote in November on health care a bill that says people who have insurance will keep what they have and those who do not want insurance will not be forced to have it.
Hopefully the suit will be a multi-pronged attack. (I’m thinking it will be!)
The Obamstercare and it's related tax burden should be reserved to Deemocrats only..... all others continue life in real world as if nothing happened
I agree. SCOTUS is not going to allow the potentiality of such an egregiously unconstitutional bill that applies to and enslaves every American sit and wait.
It’s too big for them to see that history would be written that they allowed the Amercian people to be shackled by a blatant socialist takeover.
But we can bet the socialists are going to try everything to delay a decision and meanwhile hope one or more of Justices Roberts, Alito, Thomas, Scalia have an accident or illness.
Not so sure about that. If the SCOTUS declares it’s unConstitutional - good luck keeping any part of it intact (esp. if the conclusion is that the States have jurisdiction over Health Care and not the Feds.) That would pretty much cook its goose. Just because it says it can’t be touched doesn’t MEAN it can’t be touched. (Remember the Reid portion where they tried to insert that no future Congress could dismantle it and the Republicans said “Yeah, right. Good luck with that.”)?
No, it’s a question of the Constitution and what the 10th amendment means. THAT’S the issue - nothing else.
Section 155
If any provision of this division, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this division and the application of the provision to any other person or circumstance shall not be affected.
In other words, it looks like a suit has to be filed on every part of the bill to kill it. It can't be killed as a whole.
This is boilerplate stuff ...
However, the gas that drives the engine in this bill is the insurance mandate - if that provision alone is ruled unconstitutional, then the whole thing goes ...
The only way for the insurance companies to offer insurance to all, no exemption of pre-existing conditions, and at the same rates [no charging more for smokers or obese people] is to make up for it in volume [young healthy people who rarely get sick]. More money coming in than is going out
If mandatory healthcare is unconstitutional - so is the fine for not having it. SAVE BIG BUX - no prenium, no fine !!! AND, per the bill, if you do get sick - you can sign up for it then, pay your prenium, and get treated.
'Course since healthcare is no longer mandatory, you can drop your coverage once you get well and repeat the process next time you get sick ...
Dat's Right ...
Check out: http://www.freerepublic.com/focus/f-news/2477926/posts
To me, it's not equal protection (Amendment XIV) that should be pursued, it's uniform taxation (Article I Section 8 Clause 1) that should be pursued.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
-PJ
Exactly right. It’s a jurisdiction issue. If the FEDS don’t have the right to impose such a bill on the states because they are not granted that power in the Constitution - the whole thing is null and void. (Praying this happens!!)
It's very possible that the Supreme Court could rule that very clause as unconstitutional, and therefore nonbinding on the entirety of the bill.
.....”there are more fine legal scholars and constitutional law professors all over the internet that say there is not one part of the Constitution that would leave this bill standing”......
I do so hope you are correct and I am simply erring in comparing apples to oranges.....Also, things have changed since we saw this bills passage taken thru congress as it did. They have shown how dirty they will play...and unashamedly....Looks like the good guys need to get tough as well. Thanks for the link.
God has a sense of humor!
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