Posted on 04/07/2010 10:21:12 PM PDT by 2ndDivisionVet
Five more U.S. states have now joined the attorneys general of a dozen other states in a lawsuit aimed at toppling the federal government’s new health care law.
The states assert that portions of the health care legislation signed into law by President Obama on March 23 amounts to constitutional overreach that infringes on the right of states and individuals to manage their own affairs.
"We welcome the partnership of Indiana, North Dakota, Mississippi, Nevada and Arizona as we continue fighting to protect the constitutional rights of American citizens and the sovereignty of our states," said Florida Attorney General Bill McCollum in a statement.
“On behalf of the residents in Florida and the states joining our efforts, we are committed to aggressively pursuing this lawsuit to the U.S. Supreme Court if necessary to prevent this unprecedented expansion of federal powers, impact upon state sovereignty, and encroachment on our freedom,” McCollum continued.
The attorneys general of Alabama, Colorado, Louisiana, Michigan, Pennsylvania, South Carolina, Nebraska, South Dakota, Texas, Utah and Washington had already banded together with Florida to file a lawsuit against the federal government with the US District Court for the Northern District of Florida.
The lawsuit contends that the Patient Protection and Affordable Care Act (PPACA) infringes upon the constitutional rights of the residents of states by forcing all citizens and legal residents to carry qualified health insurance or pay a financial penalty.
The states contend that the insurance mandate exceeds the limited scope of the powers granted to the federal government under Article I of the US Constitution. Furthermore, they assert that the tax penalty for not carrying insurance violates the prohibition against the direct taxation of individuals outlined in Article I, sections 2 and 9 of the Constitution.
The suit also contends that the PPACA infringes on the sovereignty of the states guaranteed under the Tenth Amendment to the Constitution by forcing the states to abide by new operating rules and mandating that they spend billions of dollars to support the new health care system, when they already face severe budget crises.
Virginia has also filed its own separate lawsuit against the federal government, reiterating many of the concerns of its fellow states. Virginia has already passed a state law that expressly forbids the government from mandating that citizens carry health insurance or pay a penalty.
The addition of the five new states brings the total number of states involved in the Florida-led lawsuit against the federal government over ObamaCare to nineteen, including Virginia.
A hearing for scheduling the Florida-led suit is set to take place April 14, 2010 at 9 a.m. central time at the Federal Courthouse in Pensacola, Florida.
Well, if there were 38 states, they could agree on an Amendment clarifying the Commerce clause and immediately ratify it.
Short of that, I think the Congress considers itself immune to the governors, as though they do not represent the will of their people as much as the states’ representatives in congress do. The state legislatures should be able to recall Reps and Senators so they understand their place.
I like Virginia’s approach.
Make it a law that citizen’s do not have to purchase insurance.
Any other states done this?
No hope in my state (NC). We Democrats run everything and have for years. Hopefully, there will be some real change this November.
I find it interesting that so many state AG’s and Gubners are butting heads! 10-20 more states and then the party really starts!
Not to mention "the Swimmer's" in-law as Gubner!
a consitutional convention at this time is a bad bad idea. all kinds of socialistic crap would get stuck in there
As someone already posted, not a chance. I wish, though.
Arguing with the moonbats is like trying to herd cats. It might be amusing, but it is futile.
You are counting all the ones that have passed or are in the process of trying to pass state sovereignty resolutions?
This is more than the staes that joined the Confederacy in 1861!
“We have a Dem AG in Arizona. The Governor and State Legislature bypassed him.”
Wisconsin is just the opposite. Our AG is a Republican; our ‘Rat Governor (who isn’t running again and USED to be our Attorney General) told him to STFU.
Our WI AG is taking it straight to our legislature from a States Rights angle.
Not sure if it’ll gain traction, and of course Wisconsin only has lefty papers, so y’all won’t be hearing much about it...but things are cookin’ behind the scenes. :)
Georgia has the same situation. So the Governor has appointed a Special AG to carry out the suit.
More interesting still, the AG(D) is running for governor this fall and members of the General Assembly have signed a resolution for Articles of Impeachment against the AG. The way the State Constitution is written the AG does not have the descression to ignore an order from the Governor.
Nineteen is a good start; where are the other 31?
The AZ primary is August 24. I hope no one challenges the Rat AG because he will be sooooo easy to beat for supporting obozocare.
I hope they save us. NY will never do it so I just hope the states with brains will save our republic.
Don’t you mean the other 38? ;-)
That happened here in AZ, the Dem hack AG hem-hawed around and finally refused to sue, so the Pubbie Guv axed the Pub controlled legislature for permission to sue herself, and they approved. That is why AZ is on board with this lawsuit.
And now the hack Dem AG Goddard has announced that he is running for Governor (not a surprise, was expected). I sure hope this is used against him in the campaign. He has already lost twice running for guv. His Daddy was governor of AZ once, many moons ago, so he lusts for the 9th Floor office.
Even if all 57 states wanted out, the ‘Rats would stick to their message that this is what Americans want. They’re greedy liars and enablers.
How can they ignore a ballot vote?
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